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SIMFOKD "WIVERSITY- OERARY
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Archives of Maryland
XLl
PROCEEDINGS
OF THE
Provincial Court of Maryland
(3)
1658-1662
PUBUSHED BY AUTHORITY OF THE StATE UNDER THE DIRECTION OF THE
Maryland Historical Society
BERNARD CHRISTIAN STEINER
Editor
BALTIMORE
Maryland Historical Society
1922
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2P8769
mMiamoMM, hd., u. t. a.
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LETTER OF TRANSMISSION
Rooms of the Maryland Historical Society,
Baltimore, September i, 1922.
To The Maryland Historical Society:
Gentlemem :
We have the honor to submit the forty-first volume of the Archives of Mary-
land, containing the Judicial Business of the Provincial Court from January
1657/8 to 1662. The text of the volume is taken from the manuscript in the
Land Office at Annapolis, which had been copied some years ago, while de-
posited with the society. This is the third volume of the Proceedings of the
Provincial Court, volumes four and ten of the Archives containing the Proceed-
ings of that Court in the early years of Provincial History. The latter of
these volumes was printed in 1891 and now, after a lapse of thirty years, the
third volume in the series is issued.
We have made a break in the series of Proceedings and Acts of the Pro-
vincial Assembly at the year 1740, in order to publish this volume, for several
reasons. It seems desirable to remind those interested in Maryland Provincial
History that the Archives, as originally planned, should consist of several
series, including the proceedings of the Coimcil and the Provincial Court as
well as of the Assembly. The publication of the Council series has progressed
as far as the year 1779 and we hope, in some future volume, to continue it
from that date.
The intrinsic interest of the volume of Provincial Court Proceedings is a
second reason for issuing. There have been several requests from students of
Maryland History that we make accessible to them these Proceedings for the
period subsequent for that included in the earlier voltmies.
Minor reasons for inserting this volume in the series at this point are, first
that the material embraced herein has long been copied and, by printing it.
the expense of copying manuscript is avoided, and, further, that the editor of
the series, himself a lawyer by profession, has long desired to have the privilege
of editing for publication some of the early reports of the Courts of Maryland,
in the hope that he may be able to make toward the History of Jurisprudence in
the Province a contribution, comparable in kind to that made to the History of
English Jiuisprudence by the publications of the Selden Society. A very few
of the decisions of the Provincial Court appear in the first volimie of Harris &
McHenry's Reports; but, for the most part, these Provincial decisions exist
only in manuscript.
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iv Letter of Transmission,
We do not know any of the thirteen original states, which have as yet
printed in full the Proceedings of their Colonial Court of the last resort, and
we hope that Maryland may have the privilege of being the first state to make
such publication, believing that these decisions will be of use to students, not
merely from the antiquarian and genealogical point of view, nor even that
their usefulness will be further limited to lawyers and students of jurisprudence,
but that their publication will confer a boon also upon students of the economic,
social, political history of the Province of Maryland.
An address delivered at I'he Johns Hopkins University on the 25th of March,
1903, the anniversary of the landing of Lord Baltimore's first colonists, was
the beginnmg of a careful and minute study by the editor of the history of
Maryland under the Proprietary Government in the 17th century. As pro-
logues to the history of this period, he has written articles on the " First Lord
Baltimore and his Colonial Projects," which appeared in the Annual Report of
the American Historical Association for 1905, and one on the " Maryland
Charter and the Early Explorations " of that Province, which was printed in
the Sewanee Review for 1907. A by-product of the author's study in this
period was an address upon " Maryland's First Courts," published in the An-
nual Report of the American Historical Association for 1901. The first of
the monographs dealing with the history of the period above named, was
entitled " Beginnings of Maryland, 1631-1639 " and was published in Series
XXI of The Johns Hopkins University Studies, for 1903. This was followed
by a second monograph, entitled " Maryland during the English Civil Wars,"
also published in the Studies for 1906 and 1907. The monograph was divided
into two parts : the one extending from 1639 to 1642, and the other, from the
latter date to 1649. A third monograph, entitled " Maryland under the
Commonwealth," carried on the history to the Restoration of the Province
to the Proprietary.
The character of Cedlius Calvert, second Lord Baltimore and first Lord
Proprietary of the Province of Maryland was simimed up by the first editor
of the Archives, Dr. William Hand Browne, in his "Lives of George and
Cecilius Calvert," at page 156, thus: " Hostile critics have censured Baltimore
as a timeserver, because he adapted his policy to the emergencies of the time',
but there seems no sufficient ground for the charges .... Baltimore's first duty
was to his colonists, who had trusted their lives and fortunes to him and to
the safeguards of his charter. To commit Maryland to either side was to
bring upon it, probably, civil war, and almost certain ruin, if the adverse side
succeeded. His colonists also were divided in opinion. His clear duty was to
shield them if possible, submitting to the logic of events Had he become a
partisan of the winning cause, had he used his influence to attack or injure his
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Letter of Transmission. v
enemies, he might stand condemned with Qaiborne, but his memory is clear
from that reproach. All that he asked from King, Parliament, or Protector
was that his charter should be protected, imtil he could be shown to have
violated it."
The second editor of the Archives, Qayton C. Hall, Esq., gave a similar
judgment in his "Lords Baltimore," at p. 6i, thus: "Throughout, Cecilius
seems never to have lost courage and, imder all circumstances, he bore himself
with wisdom, patience, forbearance, and tact and, by these qualities, he tri-
umphed in the end. His own interests and his own authority, he carefully
guarded, but at the same time, he as carefully sought the welfare of the
Province and of the people, who were in a sense his subjects, and when con-
cessions seemed reasonaoiy aemanded, he knew how and when to yield and so
exercised a much less autocratic power than was conferred by the terms of the
charter from which his authority was derived."
These estimates coincide with the opinion of the present editor. With the
period now begun in this volume, the student of Maryland History loses the
wise guidance of John Leeds Bozman, the first historian of Maryland, whose
remarkable work closes at this date. A new period had been reached, new
questions arose, new conditions of living were experienced, the separation of
Maryland from Virginia was certain, and thirty years followed before Balti-
more's power in the Province should again be overthrown. The Province no
longer had only two centres of life ; but shores of the Chesapeake were becom-
ing dotted with plantations and the tobacco ships penetrated nearly every river
and estuary which was tributary to the Bay.
Lord Baltimore was to reap the fruit of his labors and his descendants
should gain a rich return from the Province which he had founded and over
which he had resumed his rule.
John Bruce in his Introduction, page vii, to the " Letters and Papers of the
Vemey Family " (Camden Soc. Pubs., vol. 56, 1853) wrote: " It would be a
great excellence in our literature, and would make publications of this descrip-
tion far more valuable than they generally are, if attention were more frequently
given to the precise circumstances and social position of the persons from
whom original papers emanated, or to whom they relate. It is an erroneous,
although among antiquaries by no means an uncommon notion, that tmofficial
papers are only of importance when they can be connected with the most
interesting events or the most noble families. I should contend, on the con-
trary, that the value of such papers is to be estimated by the degree in which
they give an insight into the feelings and opinions, the real inner life, and not
the mere outside appearance, of the men and women, whatever their station,
to whom they relate." While our official records for the Provincial Period are
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vi Letter of Transmission.
remarkably complete, we lack any store of private or family papers. The
nearest approach to any such papers, so as to give an insight into " the real
inner life " of the people, is probably to be foimd in these Court Proceedings.
The first paragraph in the text, dating from 1655, should have been included
in volimie X, but was overlooked by Dr. Browne, the editor.
On December 29, 1657, there was held at Patuxent a session of Court before
the Puritan Parliamentary Commissioners. Estates of deceased persons, and
the freedom of indentured servants came before the Court The qualification
of attorneys was considered (p. 10) and a case of bastardy was instituted
(p. 14). On January 30, 1657/8 and on February 16, 1657/8 Provincial
Courts were again held, five or six commissioners sitting. Between sessions of
the Court, depositions are frequently spread upon the records for security and
they make dates rather confusing. Powers of attorney are also spread on the
records from time to time {e. g., p. 36) as arc earmarks of cattle.
The first records of the Court under Governor Fendall, after the restoration
of the Province to the Proprietary, begin a new manuscript volume and the
first entry is made on March 25, New Year's day 1658, Old Style. A will is
soon filed which is not named in Baldwin's Calendar (p. 43) and many suits
for debt are instituted. It is interesting to note that reference is made to the
County of Calverton (p. 38). We do not know where the first session was
held, but that of April 26 was stmimoned for St. Leonard's in Calvert
Coimty (p. 38) and was held " at the Governor's house in Wicomico River."
Suits concerning the ownership of cattle are of some interest and proceedings
concerning Captain Lewis' estate take up some space. There is little change
in the Proceedings of the Court, except possibly a little more formality than
imder Parliamentary Commissioners, and there are few references to the
judicial acts of those Commissioners. Sketches of the life of Cuthbert Fen-
wick (p. 57) and of his widow, Mrs. Jane Eltonhead Fenwick, are to be
found in the recently published " Life of Rt. Rev. Edward Dominic Fenwick "
by Rev. V. F. O'Daniel. The summons for the Assembly of 1658 was entered
in this volume (p. 61) instead of on the Council Records. On April 27, there
is a (p. 66) reminiscence of the Severn fight. Several juries are impanelled
at this session, while only one was fotmd in the earlier pages. A suit between
a husband and wife is instituted (p. 51). A woman pleads as attorney in fact
for her husband (p. 73). Thomas Comwalleys sues for the non-delivery of
two Indian youths as servants (p. 82). The sheriflF claims fees for hanging
John Dandy (p. 82) . After the adjournment of the court, among the affidavits
filed is one by James Veitch, which seems to point to the existence of a Presby-
terian congregation. Rev. Matthew Doughty (p. 84) was a brother-in-law of
Governor Stone and, after coming to Maryland, lived for many years at Nan-
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janoy in Charles County. He preached there and died about 1683. (Rev. J. W.
Mcllwain's Early Presb3rterianism in Maryland. J. H. U. Studies in Historical
and Political Science, 8th Series, 1890, pp. 7 to 9).
Comwalleys v. Chandler (p. 82) suggests a reference to David M. Newbold's
" Introduction of Equity Jurisdiction in Maryland," which does not refer to
that case, but gives interesting facts as to early Provincial Equity. In May,
1658, on the pages of these records, instead of in the more appropriate Cotmcil
volume, appear the appointments of sheriffs (p. 86) and of County Com-
missioners and Justices (p. 87), as well as the document establishing Charles
County (p. 87). So too the appointment of a constable of St. Michael's
htmdred is noted (p. 91).
The Court was peripatetic, going on circuit and sitting at Governor Fendall's
house on the Wicomico River in April, 1658 (p. 51), when a four-day session
was held. After this session, as was usual, depositions and titles of suits
docketed were entered upon the records, until the next session of court came.
On July 20, the Court crossed the Bay (p. 105) and met at Thomas Bradnox's
house on Kent Island. The proceedings of this session are found only in the
Kent Coimty Records. Another session was to have been held in September,
but was postponed (p. 127) and finally convened at St Leonard's in Calvert
County on October 5. A man was convicted of charging too much for strong
drink (p. 139) and was dismissed upon his good behaviour. Rev. Francis
Fitzherbert was accused of sedition (p. 144) and of threatening excommuni-
cation against Thomas Gerard, because he did not bring his family to church.
On the second day of the Session, Rev. William Wilkinson, an Anglican
Clergyman (p. 150), was also arraigned for having performed a bigamous
marriage. A curious case of medical malpractice was tried. The mysterious
word used to describe the remedy prescribed by Captain Waring for Adam
Stavely's 1^ (p. 164) may have been guiacum, often spelled in olden times
gyacum, gwakum or giaticum, formerly much esteemed as an alterative and
stimulant; much used in chronic rheumatism. The nuncupative will of
Benjamin Gill took up much attention (p. 169). The recent " troubles " in
the Province come before us incidentally (pp. 177-178). The most of the
actions are brought in contract, being actions of debt or of trespass on the
case which had not yet developed into the more modem action of assumpsit.
Captain Thomas Comwalleys was a frequent plaintiff. The court r^stered
earmarks for cattle and acted as a probate court. Wills and inventories are
often filed here. In the inventory of Robert Parr's estate, on page 135, we find
Dowglas or Dowlas and Locram sheets. The N. E. D. informs us that both
were kinds ot coarse hnen which took their names from Doulas and Locronan
in Brittany. A fwe, in the same inventory, is a wedge-shaped tool used for
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cleaving and riving staves, shingles, etc. Comparatively few criminal actions
were tried before the Court. A spirit of fairness is shown toward Indians (vide,
p. 199). Occasionally, the title to real estate comes into litigation. The Court
Baron of St. Gabriel's Manor is mentioned (p. 94). The coming of the
Quakers, Josias Cole and Thomas Thurston (p. 104), occupies the Court's
attention. There is a curious reference to a school (p. 100).
A fourth Provincial Court in 1658 was summoned for December and was
held at St. Qement's Manor (p. 181). A case of alleged cruelty to a negro
servant, causing his death, was then tried (p. 190). The next session began at
St. Marie's on Wednesday, February 23, 1658/9 and lasted until March 3.
In the noteworthy inventory of goods stolen from Mr. Overzee's house, most
of the terms are fairly clear in meaning (p. 207). Say was a cloth of fine
texture resembling serge. A safegtuird was an outer petticoat for women's
wear, intended to save their clothes from dust, etc. A bottom of thread is
thread wound on a core or nucleus.
The material which Mary Clocker wrapped around her may have been
poult-de-soie, a heavy corded silk material used for dresses (p. 211). The
story is a pathetic one. Mrs. Overzee apparently died in childbirth and Mrs.
Williams and Mrs. Clocker took advantage of the confusion in the household
to steal a great deal of linen. When the trial took place, they were convicted
and sentenced to be put to death (pp. 223, 225). An amnesty, however, saved
their lives (p. 258) and afterwards Clocker and the Sheriff had a controversy
as to the payment of the fees for the imprisonment. A case arising out of this
one was an unsuccessful accusation of theft boat, or attempting to compound a
felony (p. 245), against Simon Overzee.
Other interesting trials of that time were those of Dr. Lumbrozo for
blasphemy, snowmg tne tolerance of the government (p. 203) ; of Simon
Overzee for punishmg a negro slave, who died afterwards (p. 204) ; and of
Mrs. Fenwick, as to the ownership of a horse (p. 218). In this horse case,
John Bigger appears, the first known horse trader in the Province (p. 219).
The estate of one of the men killed in the battle of the Severn came before
the Court (p. 220). Comwalleys, that great litigant, lost a boat, as he
alleged, through David Ferreira's fault (p. 273). Many attachments were laid
against the estates ot men who had left the Province, especially against that of
Capt. William Mitchell {e. g., p. 227).
When Robert Holt was tried for bigamy and Rev. William Wilkinson was
alleged to have been an accessory in remarrying him (pp. 228, 244), the
prisoners alleged that the jury was a " very weak one to go upon so weighty a
business .... as life and death." There were few in Court who were not
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Letter of Transmission. ix
Roman Catholics, while the defendants asked for a Protestant jury, " which
the Governor consented unto as most reasonable " and he himself gave bail for
Mr. Wilkinson.
Fendall issued a proclamation at this Session that no women should be
" admitted or allowed as Attorneys for their husbands in any court " (p. 233).
A long proceeding about the estate of Mr. Benjamin Gill occurred at this
Session (p. 237). William Hewes sued Capt. William Stone for labor in
" setting up " a windmill (p. 251).
The identity of Mr. Overzee's cow (p. 252), the funeral expenses for Simon
Antonio (p. 254), the existence of Indian slavery (p. 254) are of interest, as is
the conviction of three persons to be hanged for larceny (p. 255). They
escaped this ptmishment on account of the amnesty proclaimed when Richard
Cromwell became Lord Protector. The proclamation of him in Maryland is
given in this volume (p. 258). Attorneys gradually are taking the place of
parties to a suit in pleading and an ordinance in regard to them was made at
this time (p. 256).
The next Session was appointed to be held in Calvert County. By the
way, though there were several other counties in the Province, the sheriff's
returns of writs at the opening of Court session are almost uniformly from
the four Southern counties on the Western Shore {e. g., p. 270). All sorts of
documents are spread upon the records in perpetuam rei mempriam, between
court sessions. We find, for instance, an extent (p. 261), a jointure (p. 261),
a will (p. 262), a bond (p. 263), an assig^ranent (p. 264), a deed of gift of
chattels (p. 264), following close upon each other. Snow Hill Manor, which
was soon to take so much attention from the Court, appears in a question of
title (p. 265). Order is issued for the arrest of Thomas Thurston, the
Quaker (p. 268).
The Court met at Mr. George Reade's house on April 22. A prominent
citizen of Kent brings suit because a maidservant had been sold him and had
been found to have been infected mortally with venereal disease, by her seller
as was alleged, against whom damages were asked (p. 270). Pleasanter cases,
which aroused some interest, concerned the ownership of a horse (p. 277) and
a cow (p. 281). An agreement for the building of a house called for a
" Welch chimney " — a term I cannot explain (p. 281). On April 23, Com-
walleys sued to recover a fowling piece which the defendant alleged was left
to him by the "soldiers who came from Severn," after the battle (p. 283).
Illicit trade with the Indians by a Bostonian caused the forfeit of the bark,
Mayflower, (p. 287).
A bastardy case (p. 291), a petition from an indigent person (p. 294), an
order protecting orphans' estates in Anne Arundel County (p. 295), questions
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of partition of, or of title to land (pp. 297, 298), and a grant of especial power
to the sheriff of Anne Arundel Q)unty were among the outstanding events of
the dosing part of the Session, which adjourned on April 25.
Before the next session of the Court, the St George came into St. George's
River and the men upon her were arrested upon suspicion of piracy. Full notes
are given of their examination (pp. 306 and ff.), and the vessel was con-
fiscated. A Grand Jury of 16 men was impanelled and the sailors were
banished from the Province (p. 310). The next session of the Court was
" holden " in Anne Arundel County on August 2. Several people, probably
Quakers, were called before the Court because they refused to take the oath
of fidelity (p. 314). Men were punished for refusing to aid the sheriff (p.
316) and a curious suit appears for land upon which the settlers had " erected
a meeting house" (p. 318). Four members of the Court were present, —
the nimiber usually fluctuated between four and six. Questions as to owner-
ship of land in Kent County were determined and the mainland plantations
were annexed to the Isle of Kent to form that County (p. 322).
The Court next met in Resurrection Manor at Mr. John Bateman's house
in Calvert County (p. 325) on October 4, but speedily adjourned to reconvene
at George Reade's house upon the following day. John Washington, of West-
moreland County in Virginia, brought accusation against Edward Prescott
(p. 327) for hanging a woman as a witch on his ship bound from England
to America. Washington excused himself from coming to the trial, inasmuch
as he intended to " get my young son baptized, all the company and gossips
being already invited " at the time the Court was summoned. Prescott " sub-
mitted himself to his trial," admitted the hanging, but alleged that the master
of the ship and not he, the owner, was responsible and he was acquitted. A
woman who had bom a bastard was accused of child-murder, but the Court
took the merciful view that the child had been bom dead (p. 331). A woman
successfully requests that the Calvert County Commissioners pay her for the
care of a sick boy (p. 332). Men are apprehended for harboring Thomas
Thurston (p. 333). A man sues another for stealing away his step-daughter
who was under age, but the girl " confessed in Court that she did go willingly
with him " (p. 336) and the Court granted a nonsuit An appeal from St.
Mary's County Court concerned the refusal of a man to permit tobacco hogs-
heads to be taken away in a ship (p. 341).
No further session was held, until the Court met at Mr. Gerard's house on
St Clement's Manor on February 28, 1659-60. Eight members were present
and a clerk was appointed (p. 344). An orphan was granted the privilege of
choosing a guardian. The opinion of each judge is given as to whether a ship
captain ought to be punished for refusing to pay port duties (p. 346).
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An itemized bill ot a debt owed by a man who boarded with another (pp.
351, 352) is of interest; as is Dr. Barber's bill for medical attention (p. 353).
There appears to have been much commercial intercourse with New England
{e. g., p. 354) and this trade led to some litigation. Tobacco caused the court
siuT)risingly little trouble (p. 357). Capt Tilghman successfully resisted a
suit for damages (p. 358) on account of an alleged negligence through which
it was claimed three servants were drowned, as they went ashore upon the ice.
The transport of servants from England was an important matter (^. g., p.
363 ) . Among other cases of note at this session is one concerning a carpenter's
bill for building a house (p. 366), the question of the pasrment of the sheriff's
fees for the woman thief who had been sentenced to execution (p. 368, all the
members of the Court filed opinions), a case of false imprisonment for 52
days (p. 369) whereby the complainant " lost his whole winter's employ-
ment," the plea of a sheriff for pa3rment for the imprisonment and " decent and
Christian-like burial " of one of the alleged pirates who returned to the Prov-
ince and died there (p. 371). In one of the appearances of the Snow Hill
Manor Case, we again find brief opinions from each member of the Court
(p. 373)-
On Monday, March 5, 1659-60, the record of Fendall's governorship doses,
for his rebellion followed and the records of these weeks were ordered to be
razed and were never copied into the volimie which is extant (pp. 374, 379).
On December 11, 1660, the Court convened at Robert Kingsberry's at Patux-
ent— one notices how seldom it met at St. Mary's. Philip Calvert, the Pro-
prietary's halfbrother, was sworn in as Governor (p. 375), Henry Coursey
as Counsellor and Secretary (p. 377) and Peter Bathe as Qerk. A great
many minor cases were heard and an inquest was held on a servant alleged to
have been killed by her master (p. 385).
Court was then adjourned to February 19, at St. Mary's. The name of
Patriarch Dew (p. 385) arrests our attention. The agreement for indentured
servants shows what was required of both master and servant (p. 387). Wil-
liam Calvert, son of Governor Leonard Calvert and ancestor of the present
claimant of the title. Lord Baltimore, appears as a minor (p. 388), as does the
well-known Augustine Herman (p. 389), who made a business arrangement
with Simon Overzee which was interpreted after the latter's death. The
windmill at St. Mary's is a source of litigation (p. 395), and we find an
ordinary license (p. 398), as well as a contract between the conmiander of the
Golden Lyon and a London merchant, concerning a " voyage to Patuxent and
Severn" (p. 407). Runaway servants are sought and the trade with the
Barbadoes and Manhattan Island is brought to our attention by directions from
a Rhode Island man which are spread upon the records (p. 410). The session
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began on February 19, 1660-1. Title to land (p. 415) and cattle (p. 416) and
questions as to equipment and expiration of term of indentured servants
arise (pp. 417, 418). A grand jury composed of men from St. Mary's, Calvert,
Anne Arundel and Kent Counties (p. 419) filed indictments. Each member
of the Court gave a separate opinion in a case of " duress of imprisonment "
(p. 424). Gerard, Fendall and their associates in rebellion are indicted (p.
427) and Fendall and Gerard sign himible apologies (p. 429). A woman is
accused of assault and battery (p. 430) and another one of murder of her
infant, while a third woman is indicted for theft (p. 433). An action of
defamation resulted from an accusation of a man for theft (p. 433). The term
lasted until February 28 — a long one, and before it closed we find a grant of a
license to hunt and kill wild hogs (p. 441) and the issuance of writs for a
session at the Assembly (p. 442). Few entries intervene before the date of
that session, April 17, upon which the Provincial Court also met at St. Mary's.
Trial occurred of a woman for defamation in that she accused another woman
of theft (p. 445) and of several men charged with acting "mutinously and
seditiously " in that they endeavored to secure Fendall and John Hatch when
under arrest for sedition (p. 447). There were three verdicts filed by juries
of inquest upon the bodies of three drowned persons (p. 452). Title to
Leonard Calvert's lands came into litigation between William Calvert and
Governor William Stone's estate and the notable Margaret Brent appeared as a
witness (p. 454). A widow brings to court her differences with one of her
late husband's daughters (p. 455). The session closed on April 23 and a
special one was held at Spesutia on May 16 (p. 456) when a man was indicted
for stealing a " parcel of black peak," and sentenced to be hanged, but was
pardoned forthwith (p. 458). A final concord is entered (p. 460) and John
Babtist appears (p. 460) . We later learn that he was a " Moor from Barbary "
(p. 499), but not a slave for life (p. 485), and we wonder whether he were a
negro and if so whether he be not the first free negro of record in Maryland
history and one too who appears to have had fully equal rights before the
law with any other citizen. No further session occurred until October 8, 1661,
when the Court met at St. Mary's (p. 468). An Indian slave was demanded
in return for one sold to the " Queen of Portoback " (p. 471). John Lord of
Hartford in New England appears as trading to Maryland. A conditional
will is the subject of an action (p. 472). A man secured a verdict of damage
from an assault (p. 474) and another man was exonerated from a charge of
murder (p. 475). The age of Mr. Gerard's Irish servant was determined (p.
476). Grand Jury indicted William Giles (p. 471) and Anne Nevell, the
latter for murder ot her maidservant (p. 478). The jury brought in a verdict
of not guilty and Mrs. Nevell was " cleared by proclamation " (p. 480). Peti-
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Letter of Transmission, xiii
tions from James Neale (p. 481) and John Hammond (p. 483), for the
recovery of property left behind them when they went from the Province,
recall the troublous times of the past. The filing of a deed for land calls our
attention to a practice which became very common in the later years of the
Court (p. 487).
On November 25, the Court met at St. Mary's under the Presidency of
Governor Philip Calvert (p. 492) and on the following day he was succeeded
in his dignity of Governor by his nephew, the heir apparent, Charles Calvert.
Henry Sewall was made Secretary of State and the Session of the Court was
continued (p. 493). Gerard's wife was sister to Abel Snow, the planter of
Snow Hill Manor, and upon his death childless, Gerard claimed the manor
in right of his wife, but Marmaduke Snow, a brother of Abel, living in
England, now appears and considerable litigation follows as to the title to the
manor (p. 495). Thomas Bradnox of Kent Island and his wife were tried
for an alleged murder of a servant (p. 500) and, when freed, they sued the
chief witness against them for conspiracy (p. 506). The following February
II, 1661-2, the Court met at St. Mary's; present: Charles Calvert, Governor,
Philip Calvert, Chancellor, Henry Sewall, Secretary, and Baker Brooke, Coun-
cellor. Comwalleys, who was a great litigant, had left the Province, but suits
caused by him still arise, as one did now in regard to whether a girl who was
a member of his household was an ordinary servant (p. 515). Two men
were indicted for disturbing the minister and people at divine service in
Newtown Hundred (p. 522) and others for killing an unmarked bull and
certain marked hogs (p. 523). Men were also indicted for failing to attend on
the guard when they were summoned (p. 524) and for being drunk and
disorderly (p. 525). Capt James Neale had difficulty as to the carpenter who
built his house (p. 526) and the preciousness of nails is shown in the accusation
against the carpenter that he threw away the bent ones. Robert Holt was
presented for still living with Christian Bonnefield without being lawfully
married to her (p. 528). He soon died and she had considerable trouble with
his son (p. 592). John Hammond tried to avoid a confession of judgement
alleged to have been made by Mrs. Hammond for him, " William Fuller then
ruling the Country as Governor" (p. 528). Before the next session of the
Court, William Bretton filed a deed of land as a site for a Roman Catholic
Church for the " good and zealous " people of Newtown and St. Clement's
Bay (p. 531).
On June 3, 1662, the Court met at St. Mary's (p. 533) and was much
concerned with the title to Snow Hill Manor (p. 534) and with an alleged
failure of a man to fulfil a contract to deliver 47 pounds of beaver skins and
108 muskrat skins (p. 536). The same man's bill at the tavern in St. Mary's
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xiv Letter of Transmission.
for intoxicating liquor is notable (p. S38). The word "diet" in the bill is
probably equivalent to a meal. The maidservant who had accused Mrs. Brad-
nox now accuses her former lover, a youth of rather questionable character,
of defaming her reputation (p. 550) and he was fined and ordered to ask
her forgiveness upon his knees in open court. The drowning of the sheriff of
St Mary's County and his friend gave the Court considerable business (e. g,,
p. 551). Killing and stealing a hog (p. 553) and contempt of Government in
refusing to aid in the arrest of the alleged hogstealer (p. 553) gave the
Court some difficulty, as did the disputed arrangements between a planter and
a man who raised a crop of tobacco for him (p. 554). An interesting question
as to the possession of real estate at the transfer (p. 559) appeared, in which
case the rights of orphans received some consideration (p. 561).
Just before the Court adjourned. Rev. Francis Fitzherbert, a Roman
Catholic priest, being informed against by " his Lordship's Attorney General,"
in whose name all criminal suits were brought, made a noble defense (p. 566)
stating the fundamental principle of Christianity and interpreting the Charter
in a notable way. In August, Philip Calvert made an attempt to confiscate
some of Claiborne's property supposed to be within the Province (p. 568).
The last half of the volimie is very irregularly paged, but no pages are lacking
entirely until the very end of the book, and all the existing pages are transcribed
and printed in this volume.
The Court Session held at St. Mary's on October 7, 1662, found the Snow
Hill Manor case still before it (p. 571). Two men were charged with break-
ing open the Governor's letters and the testimony shows, in an amusing way,
how communications were passed from hand to hand (p. 573). Fendall sued
the servant of his old associate Hatch for riding a horse to death (p. 575) and
the legacy of a mare foal caused litigation (p. 582). Waste is alleged (p.
584) and a judgment is confessed for a " heifer and calf, the milk of the
heifer " (p. 585). Dr. Limibroso and Mr. Hammond fell out and the evidence
in the case was quite discreditable to the physician (p. 590). A man is
accused of trading with the Indians without license from the Lord Proprietor
(P- 593)-
The Provincial Court met again at St. Mary's, where Gov. Charles Calvert
always summoned it, on December 2, 1662 (p. 598). A suit for defamation
(p. 601) and one concerning a runaway servant (p. 601) together with a case
of bastardy (p. 603) and one for assaulting the sheriff of St Mary's (p. 602)
are the most interesting ones recorded, but the best part of the proceedings of
the session is missing and the extant part of the manuscript volimie here ends.
"Historical students do not at this day need to be informed that legal
archives are among the most important of their material," was truly written
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Letter of Transmission. xv
by Sir Frederick Pollock in an article upon the " Study of Legal Records."
(" History," October, 1921, p. 155).
"Back of every man lies the story of his race," wrote Miss Agnes Repplier
in the Atlantic Monthly for April, 1922, and we cannot understand the Mary-
land of to-day, unless we have made study of the detailed history of the past
years of this part of the world. To make this study possible, such volimies
as this are indispensable.
Samuel K. Dennis,
Bernard C. Steiner,
John M. Vincent,
Committee on Publication.
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ARCHIVES OF MARYLAND.
The following volumes have been published :
I. Proceedings and Acts of the General Assembly (i),
1637/8-1664, 1883
II. Proceedings and Acts of the General Assembly (2),
1666-1676, 1884
III. Proceedings OF THE Council ( I ), 1636-1667, - - - •- 1885
IV. Proceedings of the Provincial Court (i), 1637-1650, - 1887
V. Proceedings of the Council (2), 1667-1687/8, - - - 1887
VI. Correspondence of Governor Horatio Sharpe, I,
1753-1757, 1888
VII. Proceedings and Acts of the General Assembly (3),
1678-1683, 1889
VIII. Proceedings OF THE Council (3), 1687/8-1693, - - - 1890
IX. Correspondence of Governor Horatio Sharpe, II,
1757-1761, 1890
X. Proceedings OF THE Provincial Court (2), 1650-1657, - 1891
XL Journal of the Maryland Convention, July 26-AuG.
14, 1775, Journal and Correspondence of the
Council of Safety (i), Aug. 29, 177S-JULY 6,
1776, 1892
XII. Journal and Correspondence of the Council of Safety
(2), July 7-Dec. 31, 1776, 1893
XIII. Proceedings and Acts of the General Assembly (4),
1684-1692, 1894
XIV. Correspondence of Governor Horatio Sharpe, III,
1761-1771, 1895
XV. Proceedings OF the Council (4), 1671-1681, - - - - 1896
XVI. Journal and Correspondence of the Council of
Safety, Jan. i-March 20, 1777, Journal and Cor-
respondence OF THE State Council (3), March
20, 1777-MARCH 28, 1778, 1897
XVII. Proceedings of the Council (5), 1681-1685/6, - - - 1898
XVIII. Muster Rolls and Other Records of Service of Mary-
land Troops in the American Revolution, - - - 1899
XIX. Proceedings and Acts of the General Assembly (5),
1693-1697, 1899
XX. Proceedings of the Council (6), 1693-1697 1900
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xviii Archives of Maryland,
XXI. Journal and Correspondence of the State Council (4),
April i, 1778-OcTOBER 26, 1779, 1901
XXII. Proceedings and Acts of the General Assembly (6),
1697/8-1699, 1902
XXIII. Proceedings OF THE Council (7), 1696/7-1698, - - - 1903
XXIV. Proceedings and Acts of the General Assembly (7),
1700-MAY, 1704, 1904
XXV. Proceedings of the Council (8), 1698-1731, - - . - 1905
XXVI. Proceedings and Acts of the General Assembly (8),
September, i 704-1 706, 1906
XXVII. Proceedings and Acts of the General Assembly (9),
1707-1710, 1907
XXVIII. Proceedings OF THE Council (9), 1732-1753, - - - - 1908
XXIX. Proceedings and Acts of the General Assembly (10),
1711-1714, 1909
XXX. Proceedings and Acts of the General Assembly (ii),
171S-1716, 1910
XXXI. Proceedings of the Council (10), 1753-1761, Corre-
spondence OF Governor Sharpe, IV, 1754-1765, - 191 1
XXXII. Proceedings of the Council (ii), 1761-1770, Minutes
OF THE Board of Revenue, 1768-1775, Opinions on
THE Regulation of Fees, Instructions to Gov-
ernor Eden, March 2, 1773, 1912
XXXIII. Proceedings and Acts of the General Assembly (12),
1717-ApRiL, 1720, 1913
XXXIV. Proceedings and Acts of the General Assembly (13),
October, 1720-1723, 1914
XXXV. Proceedings and Acts of the General Assembly (14),
1724-1726, 1915
XXXVI. Proceedings and Acts of the General Assembly (15),
1727-1729, WITH Appendix of Statutes 1714-1726, - 1916
XXXVII. Proceedings and Acts of the General Assembly (16),
1730-1732, 1917
XXXVIII. Proceedings and Acts of the General Assembly (17),
Acts Hitherto Unprinted, 1694-1729, - - - - 1918
XXXIX. Proceedings and Acts of the General Assembly (18),
1733-1736, 1919
XL. Proceedings and Acts of the General Assembly (19),
1737-1740, 1921
XLI. Proceedings OF THE Provincial Court (3), 1658-1662, - 1922
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PROVINCIAL COURT PROCEEDINGS
PARLIAMENTARY COMMISSIONERS
At a Court holden at Providence May 27^ Anno Domini 1655 Lib. C. B.
p. 317
Present 1655, Maya;
Captain General Fuller M' Edward Lloyd
M' William Durand Capt"* Richard Ewens
It is Ordered by this Court that (according to an act of Assembly
in that Case provided) M' Thomas Hatton late Secretary of this Re Hatton
Province of Maryland shall have Power of distress for such fees as
were due to him before the Resignation of the Government by Cap-
tain William Stone luly 1654
William Durand Sec^
At a Provinciall Court Held at Putuxent the 29*** of December 1657 Lib. B. No. 3
m"" Richard Preston. m' William Parratt ?65^ Dec 29
Present- m' lohn Hatch. m"^ William Ewens
m'
Attachment Granted to m' Rich^ Smith Ver Cockerel Smith v.
Whereas Richard Smith hath Petitioned this Court for Attach- Cockerel
ment against the Estate of lohn Cockerel within this Province for a
debt of two hundred Seventy and one pounds of Tobacco and Caske
due by Accompt and the Said Cockerel being not resident, The Court
doth therefore order that attachm* be Granted against the Estate of
the said Cockerel for Satisfaction of the Said Debt of two hundred
Seventy and one pounds of Tobacco and Caske with Cost of Suit
upon Legall Determinacon
Whereas Cap* William Mitchell arrested to this Court Thomas Mitchell v.
Gerrard Esq for a debt of Eight hundred Eighty three pounds of ^^^""^
Tobacco and Caske (due upon discount) And it appearing to this
Court that the Said Gerrard is indebted unto the Said Cap* Mitchell
upon the Said discount the aforesaid Sume of Eight hundred Eighty
three pounds of Tobacco and Caske, which Summe the Said Cap*
Mitchell hath taken oath in Court that to the best of his knowledge
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2 /. fffovincial Court Proceedings, 1657.
Lib. B. No. 3 he. thf 'Said Mitchell hath not reced either by himself, or his appoint-
•. ment/The Court doth therefore order that the Said Thomas Gerrard
..•.\ \ Esq Shall Satisfie unto the Said Cap* Mitchell the afores** Sume of
. ' .^V^'' * Eight hundred Eighty three pounds of Tobacco and Caske or Else
Execution.
Mitchell y. Refference inter Capt Comwallis Defendt & Capt W" Mitchell plft.
^"^p. 362 Refference is Granted unto Cap* Thomas Comwallis in a Suit
wherein the Said Comwallis is Defendant at the Suit of Cap* Will"
Mitchell, untill the next Provinciall Court in March
Lumbrozo v. Attachm* Ver : th* Estate of Cockerel to Lumbrozo
Cockerd
Attachment is Granted against the Estate of lohn Cockerell for a
debt of one Thousand Seven hundred and fifteen pounds of Tobacco
and Caske due by Bill unto lacob Lumbrozo upon Legall Determina-
tion at the next Court.
Sledd V. Refference inter m' Sledd plf* & Geo: Peake def*
Peake
Whereas loshua Sledd Attomey of m"^ Morris arrested to this
Court George Peake, And the Said Peake desireing refference, untill
the next Court, The Court doth order a Refference and that the Said
Peake do take Care that a Servant retum'd by the Said Peake unto
the Said Sledd be provided for untill the next Court.
Evans order ver : Rob* Coberthat to Cap* W" Euens
Cobcrtiiat Whereas Cap* William Euens Administrator of the Estate of Cap*
Barriffe deceased arrested to this Court Robert Coberthat, for a debt
of two hundred & fiftie pounds of Tobacco and Caske due by Bill
unto the Estate of the Said Barriffe. The Court doth order that the
Said Coberthat Shall Satisfie the Said Debt of two hundred and
fiftie pounds of Tobacco and Caske with Cost of Suit, or Else
Execution
Evans order Ver : lohn Makinney to Cap* W" Euens
mI^ii^* Whereas Cap* W" Euens Administrator of Cap* lohn Barriffe
deceased arrested to this Court lohn Makinney for a debt of four
hundred pounds of Tobacco and Caske due by Bill unto the Estate
of the Said Bariffe. The Court doth order that the Said Makinney
Shall Satisfie the Said debt of four hundred pounds of Tobacco &
Caske with Cost of Suit, or Else Execution.
Evans order Ver : W" Lucas to Cap* Will" Euens
Whereas Cap* William Euens Administral
lohn Barriffe deceased arrested to this Court William Lucas for a
"^^Tici* Whereas Cap* William Euens Administrator of the Estate of Cap*
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Provincial Court Proceedings, 1657. 3
debt of Eight hundred pounds of Tobacco and Caske due by Bill unto Lib. B. No. 3
the Said Barriff. And Cap* Sampson Waring acknowledging a
Judgment in the behalf of the Said Lucas, The Court doth order
that the Said Lucas Shall Satisfie the Said debt with Cost of Suit,
or Else Execution.
Refference Granted to Rich^ Smith Attorney to m" Marsh plP & Marsh v.
m» Eltonhead Defend* Eltonhcad
The Suit Depending between m' Richard Smith Attorney of m"
Marsh plf* & m" lane Eltonhead def* is w*** the Consent of both
parties referred untill the next Court
Order to m" Eltonhead Ver : Edmond Scarbrough p. 363
Whereas m" lane Eltonhead hath Petitioned this Court for a debt f^^r'^^gh'*
due from m"" Edmond Scarbrough of one Thousand five hundred
pounds of Tobacco and Caske, payable upon Demand by Bill dated
the 16*'' of October, And whereas there hath former orders been
Granted to give notice to the Said Scarborough for him to appeare
in the Suit, and the Said Scarbrough not appearing neither by
himself nor Attorney, The Court doth order that th* Said m" Elton-
head be forthwith Satisfied out of the Estate of the Said Scarbrough
within this Province or Else Execution
The Same Court Continued the 30*^ of December ^«c. 30
'm' Rich^ Preston m' lohn Lawson
Present^ M' Mich** Brookes m"" Thom : Thomas
m' lohn Hatch m' W" Ewens
Refference Granted inter m"" Ed : Parks plf* & lo. lenkins Defendant Par^ v.
The Suit Depending between m"" Edward Parks plantiffe and lohn
lenkins Defendant is referred untill the next Court.
Order to lacob Lumbrozo ver : W" Gillford Lumbrozo v.
Whereas lacob Lumbrozo arrested to this Court William Gillford Gillford
for a debt of four hundred pounds of Tobacco and Caske due by Bill
dated the 24^ of lan^ 1656, The Court doth order that the Said
Gillford Shall Satisfie the Said debt of four hundred pounds of
Tobacco and Caske reserving a discount for the Said Gillford of the
Said debt, or part thereof untill the next Court
Order ver: th* Estate of m' Thom: Hatton to Robert Macklin Macklin v.
Whereas Robert Macklin hath Petitioned this Court for Six hun- ^^on^^
dred fiftie two pounds of Tobacco and Caske due from the Estate of
m*" Thomas Hatton deceased and Patrick Forrest Executor of the
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4 Provincial Court Proceedings, 1657.
Lib. B. No. 3 Said Estate acknowledging ludgment for the Said Debt, The Court
doth order that th* Said Robert Macklin be Satisfied the Said Debt
of Six hundred fifty two pounds of Tobacco and Caske out of the
Estate of the Said m"" Hatton deced or Else Execution.
^^sT^ Ti I^^S'"^"^ Acknowledged to W" Berry p lo : Sewell
lohn Sewell doth Confess ludgment unto William Berry for a
debt of Eight hundred and fiftie pounds of Tobacco and Caske, due
from the Said Sewell to the Said Berry with Cost of Suit.
Stone V. Order Granted to Cap* W« Stone Ver: th« Estate of Cap* W"
Estate of T •
Lewis I^WIS
Whereas the Estate of Cap* William Lewis deceased is indebted
p 364 unto Cap* William Stone the Sume of five thousand three hundred
thirtie and one potmds of Tobacco as by a Deed under the Said
Lewis his hand in the Records bearing date the 9*** of march 1652
appeareth. The Court doth order that th* Said debt of five Thou-
sand three hundred thirtie and one potmds of Tobacco and Caske be
Satisfied out of the Estate of the Said Lewis with Cost of Suit,
Provided that the Said Cap* Stone make oath at the next Court, that
the Said debt, nor part thereof is not already Satisfied
^rker v. order to Sam: Parker ver th* Estate of Cap* William Lewis
Uwis Where as the Estate of Cap* William Lewis is indebted tmto
Samuell Parker the Siune of one Thousand potmds of Tobacco and
Caske as by Bill and Record in Aprill th* 15*^ appeareth, The Court
doth order that the Said one Thotasand pounds of Tobacco and
Caske be Satisfied out of the Estate of the Said Lewis with Cost
of Suit or Else Execution
Uiwson V. order to m"" Lawson ver : the Estate of Cap* W" Lewis
Estate of
Lewis Whereas it appeareth to this Court, that th* Estate of William
Lewis is indebted tmto m' lohn Lawson Six hundred and Eighty
potmds of Tobacco & Caske and one Beaver Skinn as by Bill &
Record appeareth The Court doth order that th* Said Six hundred &
Eighty pounds of Tobacco and Caske and one Beaver Skinn be Satis-
fied out of the Estate of the Said Lewis or Else Execution.
Re Estate of Order to m' George Guttridge for th* due appriz* of Cap* Lewis
^^^ his Estate
Whereas m"" George Guttridge Administrator of the Estate of
Cap* William Lewis deceased hath moved to this Court that no Exe-
cution Should be Granted against the Estate untill march Court next
by reason he hath but lately been Commissionated as Administ' of
th* Estate, The Court doth order that no Execution be Granted
against the Said Estate tmtill march Court next. And that the Said
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Provincial Court Proceedings, 1657. 5
Guttridge do at the Said Court in march present a true Inventory Lib. B. Na 3
with a true Apprizement of the Said Estate of Cap* William Lewis
deceased.
order to m"" Nicholas Gw)rther & m" Marsh Marsh v.
Whereas by former Judgment at Seveme m*^ Nicholas Gwyther ^^^^^"^
was to Satisfie a debt unto the Estate of m'^ Thomas Marsh deceased
to the Summe of five Thousand Seven hundred forty three pounds
of Tobacco and Caske, And it appearing to this Court by the oath
of m' Henry Coursey who is the only Wittness to the Bond, upon
which the Judgment was Grounded that there was due upon that p. 36s
Bill but four Thousand four hundred Sixty four pounds of Tobacco
in Caske The Court doth therefore order that th* Said Guither be
freed from payment of any more of th* debt, then th* Said Sume
of four thousand four hundred Sixty four pounds of Tobacco in
Caske, being the full debt due from the Said Guyther, unto the
Estate of the Said m"" Marsh deceased with Cost of Suit.
Whereas the difference between Tobias Norton plf* and m' Henry Norton v.
Hooper def* being at the request of the plantiff referred to a lury ^^^^^^
Viz.
M' Robert Tayler m*" Peter Sharpe
Thomas Stagwell Robert Harwood
Edmond Hinshman Henry Coxe
Patrick Milligan William Turner
William Young Patrick Forrest
Thomas Read George Bussey
Who have returned their Verdict as foUoweth Viz.
We find that the Plantiffe Shall have returned the Sume of Six-
teen hundred pounds of good Tobacco in Caske to be paid in this
Rivers Tobb : with Cost of Suit
Upon which Verdict the Court doth order that th* Said m' Henry
Hooper Shall forthwith Satisfie the S^ Tobacco of one Thousand
Six hundred pounds of Tobacco and Cask according to the Said
Verdict or Else Execution.
Depositions ex parte Nortoni
William Howse aged 25 years or thereabouts Swome and Ex-
amined in open Court Sa)rth that about two yeares agoe m' Henry
Hooper Sold to Tobias Norton a Servant ; and did affirme him to be
an able hand and as able, as Richard th^ was m' Stockleys man;
And m^ Hooper did farther affirme that the Said Servant Could
Carry four Bushells of Salt, And farther this Deponent Sa)rth not
Signum
William W House
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6 Provincial Court Proceedings, 1657.
Lib. B. No. 3 Ann Howse aged twenty and Seven years or thereabouts Swome
p. 366 j^^j Examined Saith, that when m' Hooper being at m' Nortons
house about two years Since and there profferring m' Norton a man
Servant to Sell, telling m"" Norton that the Said Servant was an
old hand and as able an hand as Richard m' Stockleys Servant and
m^ Norton replying, that if he were not an able hand, he would do
the Said Norton no Good for his busieness was about fencing, m""
Hooper replyed that he the Said Servant could Carry four bushells
of Salt having no disease, but when he tooke could he was troubled
with the Stone, for an hour or Such a time upon which Considera-
tion the Said Norton bought the Said Servant, and paid, one hhd
of Tobacco the next morning, and farther this Deponent Sa)rth not
Sig^tmi
lurat Coram lohn Pott Ann A Howse
Whereas Roger Scott Attorney of m' Henry Hooper arrested to
this Court Tobias Norton for a debt due by Bill unto the Said m"^
Hooper of four hundred and Sixteen pounds of Tobacco and Caske
the Court doth order that the Said Norton Shall Satisfie the Said
debt, or Else Execution.
Re Mackcy Refference Granted to Rob* Mackey
The Pett*^"* of Robert Mackey is referred imtill the next Court
Concerning his freedom
M' Henry Osborne aged 30 yeares or thereabouts Swome and
Examined, Sa}rth, that he this Deponent did demand of m' Bassill
Little a Servant according to his the Said Littles promise, and the
S^ m' Little made answer to this Deponent that Excepting one
Servant (and nameing Robert Mackey) that I Should have any of
the rest of his Servants, And I this Depo : farther asked the Said
m"" Little, what he would do with the Said Mackey, the Said m' Little
made reply, that the Said Mackey had been So faithfull a Servant
to him in his Sickness, that if it pleased God to lett him Live, or
take him the Said Little out of this world, he would make the Said
Mackey a freeman or if please God he Should live, he would make
P- 3^7 him the Said Mackey as Good as a freeman, And farther this Dep*
Saith not Henry Osborne
M*" Peter Sharpe aged 34 yeares or thereabouts Swome and Ex-
amined Sayeth, that he this Deponent a Small time before m' Bassill
Littles Death was upon buying of a Servant of the Said m' Little,
and this Depon* asked the Said m' Little if he would Sell one Rob*
Mackey the Said m' Little made answer, that th* Said Mackey had
been a true and trusty Servant to him at Sea in his Sickness, and
that th* Said Mackey Should onely do busieness for him the Said
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Provincial Court Proceedings, 1657. 7
Little whilst he was in the Countrey and when he departed from Lib. B. No. 3
hence he would Sett him free, And farther this Depon* Sayth not
Peter Sharpe
Whereas Timothy Guttridge arrested to this Court Alexander Guttridge v.
Watts for a debt of Seven hundred pounds of Tobacco and Caske ^****
due by bill The Court doth order that the Said Watts Shall Satisfie
the Said debt of Seven hundred pound of Tobacco and Caske with
Cost of Suit, or Else Execution.
Whereas Thomas Davis arrested to this Court a maid Servant Davis v.
Named Elizabeth fframe, which Servant the S** Davis bought of ^^^^
lohn Hawkins for three yeares. And the Said Servant alledging that
She is free, and that She will make it So appear in march Court next,
The Court doth order that the Suit be referred untill the Court in
March And that th* Said Elizabeth do put in Securitie then to ap-
peare in this Suit, and by proof e to make it manifest that She is free,
or Else to make Good Such Damage as the Said Davis hath Sus-
tained herein.
Robert Harwood aged 29 yeares or thereabouts Swome and Ex-
amined Sayeth that he this Deponent being in m' Thomas Davis his
house about November last was twelve month William Kempe did
buy Elizabeth fframe of m' lohn Hawkins, for m' Thomas Davis
his use and Implo}rments, and that the Said m*" Hawkins upon Selling
the Said maid Servant Said unto her, Bess if you will Serve m"* p. 368
Davis the other half yeare, I will give you a Cowe yearling, and the
Said Elizabeth replyed yes, And farther this Deponent Sayth not
Signum
Robert R H Harwood
Adam Stauelay aged 30 yeares or thereabouts Swome and Ex-
amined in open Court this 29*^ of December 57 Sayeth that he
this Deponent Comeing from the Manadose to rapahanock with
lohn Hawkins to Rice lones his house, the Said m** Hawkins had
then a man Servant, who had a year and a half to Serve, and the
Said Hawkins being willing to Exchange the Said man Servant for
a maid Servant, Elizabeth fframe Liveing in that house, and being
willing to be bought by the Said Hawkins, haveing but one year or
near upon to Serve, the Said Hawkins told the Said Elizabeth that
he would not buy her without She would make up the time which his
man had to Serve to which the Said Elizabeth agreed, and upon that
account the Said Hawkins Exchanged his man Servant for the Said
Elizabeth Frame. And the Said Hawkins Comeing up the Bay told
the Said Elizabeth that She would be free in a bad time of the
yeare, and the Said Hawkins asked her, what he Should give her,
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8 Provincial Court Proceedings, 1657.
Lib. B. No. 3 to Serve another half yeare, and the Said told her that he would
give her a Cowe Calfe, She the Said Elizabeth made answer, that if
he would give her a Cow Calfe presently, She would Condescend to
Serve another half yeare, but this Deponent Sayth that to his
knowledge, they never made any farther agreement
Adam Staueley
Speake v. Refference is Granted unto George Reynolds in a Suit wherein
Reynolds ^he Said Reynolds is defend^ at the Suit of Coll Thomas Speake,
untill th* next Provinciall Court in march next
Re Estate of Order to th* Sheriff to possess Rob* Cole of th* Estate of Ben : Gill
Whereas by order at a Provinciall Court th* 16*'* of lune 1656
Robert Cole was thereby Impowered to be possest of the Estate of
p. 369 Benjamin Gill deceased then in the hands and possession of lames
Linsey. The Court doth farther order upon the Petition of the
Said Cole that the Sheriffe do put the Said Cole into possession of
all and reall the Estate of the Said Gill deceased, and that the S**
Linsey be Summoned at the Court in March next to give a true
account of the Said Gills Estate. And that th' Said Cole doe put in
good Security to be answerable for and to give a true account of the
Said Estate when he Shall be thereunto Lawfully Called.
Senserfe v. order to m' Senserfe ver : th* Estate
Billingsl^ Whereas m' Walter Senserfe hath Exhibited a Petition against
major lohn Billingsley for a debt of four Thousand five hundred
and twenty pounds of Tobacco and Caske, and the Said m' Senserf
Craveing an Attachment against the Estate of the S** Major lohn
Billingsley, The Court doth order that if the Sheriff Cannot procure
the Said Billingsleys appearance at this present Court, then to attach
So much of the Said Billingsley's Estate as Shall be responsible for
the Said debt upon Legall Determination.
Jordan v. Judgment acknowledged per Tho : Brandson To Thom : lordan mer-
Brandson ^^ant
Thomas Brandson hath this 30*** of December 1657 acknowledged
a Judgment in open Court unto Thomas lordan Merchant for Eight
hundred pounds of Tobacco and Caske due from him the Said
Brandson, and to be paid forthwith
Jordan v. ludgm* acknowledged to Thom lordan merch* p W"* Gillford
^"^^'^ WiUiam Gillford this s&^ of December 1657 hath acknowledged
a lugmment in open Court unto Thomas lordan Merchant for three
himdred and ninetie and nine pounds of Tobacco and Caske due
from him the Said Gillford and to be paid forthwith
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Provincial Court Proceedings, 1657. 9
Deposit de m' Parks Lib. B. No. 3
William Barton Senior aged 52 years or thereabouts Swome and B^ckJr
Examined in open Court Sayth, that m' Parks when he read the
Exceptions in the Condition; which were Mortallitie Rtmning away
and Sickness this Deponent Sayth that the Said m' Parks did Say
that if th' Servant did dye, runnaway, or fall Sick, yett that they
were agreed, the Said Parks was to have the Said Tobacco for the
Servant, from Thomas Batchelor, William Barton
Deposit inter m' Trueman & m' Stevenson Tnieman v.
The Deposition of Maurice Smith aged forty years or thereabouts Stevenson
being Swome Sayeth, that he heard m** Stevenson proffer m' True-
man, one Thousand pounds of Tobacco, for the hyre of his Servant,
the time of the Crop Notwithstanding the Servant was a new hand,
and he did Expect he would be Sick, And farther Sayth to the best
of his Memory that he heard m' Stevenson Say afterwards that he p. 370
had bargained with m' Trueman for one Thousand pounds of
Tobacco and three Barrells of Come. And farther Sayth not
Maurice Smith
The Deposition of lohn Hyatt aged about twenty Seven yeares,
Sayeth that he did hear his master m** Trueman and m' William
Stevenson, Bargaine for the Hire of this Deponents time till the
last of October and that m' Stevenson was to give to his master one
Thousand pounds of Tobacco and three Barrells of Come, And
farther Sayth not. lohn Hyatt
Deposit inter m' Parks & m' Batchelor Parks ▼.
Richard Tarling aged twenty three years or thereab^ Swome and ™*^**^*'
Examined upon his Oath Sayeth Concerning a Servant that m"*
Sparks hyred to m' Batchelor for the time of three weeks he did
him Little or no worke, by reason of his nasty diseases the flux and
the Scurvey, And farther this Deponent Sayth that m' Sparks Came
to m' Batchelors house one day, and m' Batchelor desired the Said
m' Sparks to take Some Course with him and gett him away for he
had rather give him Six hundred pounds of Tobacco, then be bound
to tend on him, by the reason he was So very nasty. And farther
this Depon* Sayth that it hindered most of this Deponents time and
m' Batchelors to tend on him, and farther this Depon^ Sayeth not.
Signtmi
Richard X Tarling
The Same Court Continued th* 31 of December 1657 Dec 31, 1657
m' Richard Preston M' lohn Lawson
p M' Michael Brookes M' Wood : Stockley
i'resent ^ ^^ ^^^^ j^^^^^ ^, Thomas Thomas
m' William Ewens M' William Parratt
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lo Provincial Court Proceedings, 1657.
Ub.B.No.3 Appeal Granted unto Cap* W" Mitchell plf* & Thorn: Phillips
Mitchell V. defendant
PhUlips aeienaant
Upon the hearing of the Suit between Cap* William Mitchell plP
and Thomas Phillips Defendant, Cap* Mitchell hath appealed unto
the Provinciall Court in March unto which Court it is referrd for a
Determination
Mitchell V. The plantiff having Exhibited his Complaint in Equity The de-
Gerrard fendant after his answer to the plantiffs Complaint Craveing a Ref-
erence in the Suit untill the next Court, A Reference is Granted in
p. 371 that Suit untill the Court in March next.
Ltimbrozo v. Judgment acknowledged to lacob Lumbrozo p Cornelius Abram
Cornelius Abram acknowledgeth a Judgment to lacob Lumbrozo,
for a Debt due by Condition from the Said Abram unto the Said
Liunbrozo of four hundred pounds of Tobacco and Caske with
Cost of Suit.
i'^tet" ^f ^^^^^ *^ ^P* Sampson Waring Attorney of lo : Brown ver : the
Moore Estate of Rich^ Moore
Whereas Cap* Sampson Waring Attorney to m' lohn Brown hath
petitioned to this Court for a debt of Eight hundred and ten pounds
of Tobacco and Caske due to the Said Brown from the Estate of
Richard Moore deceased And the Attorney of the Said Browne
having proved the Justness of the Said Debt by Bill, The Court
doth order that the Said Eight hundred and tenn potmds of Tobacco
be forthwith Satisfied out of the Estate or else Execution.
Johnson v. Judgment acknowledged by Rich** Nevett imto Comd. Johnson
Ncvett
Richard Nevett haveing acknowledged a Judgment by Robert
Taylor for a debt of three hundred and fiftie pounds of Tobacco
and Caske due to Cornelius Johnson The Court doth order that the
Said debt be paid with Cost of Suit, or Else Execution.
Courscy V. Order ver : Cap* W« Mitchell
Seamor, Re
Mitchell Whereas m' Henry Coursey in a Suit wherein the Said Coursey
is plantiff, and Cap* William Mitchell appearing as Attorney for
Thomas Seamor and Joseph Edlow in that Suit defandants moveing
this Court that the Said William Mitchell is not a man to be permitted
as an Attorney in any man's Cause being a man not quallified to that
purpose according to Stat 3** James 7. Ch : in a Clause therein Speci-
fied concerning the qualification of Attorneys, And the Said Coursey
produceing the Records of this Province to prove that the Said
P- 372 Mitchell is not to be admitted, as Attorney or Sollicitor according to
that Statute, The Court not willing to dismiss or Suspend the Said
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Provincial Court Proceedings^ 1657. 11
Cap^ Mitchell upon that order tintill a farther hearing in March Lib. B. No. 3
Court next, but the Said Cap* Mitchell having formerly Engaged
himself by promise not to appeare in any mans Suit as Attorney but
what Imediately relates to himself, The Court doth therefore Order
that the Said Mitchell in respect of his promise be not admitted as
an Attorney in any Suit in this Court unless the Court in march next
upon farther Determinacon thereof, do permitt and allow the Said
Mitchell to be Attorney or SoUicitor in other mens Causes.
Deposit inter Thom : Stagwell & Rich<* True t^SIT''" ""'
Cap* Sampson Waring Swome Sayth that about nine months
Since, he this Deponent demanded a debt of Richard True for
Thomas Stagwell, being a bill of Thomas Knoles, and the Said True
acknowledged about a Hogshead of Tobacco of that Bill for to be a
due debt, and promised payment of So much and when your De-
ponent arrested him, the Said True demanded why he was arrested,
when he had promised payment. And farther your Deponent Saith
not Sampson Waring
Refference Granted inter Cap* W« Mitchell plf* & Thom: Inniss Mitchell v.
def* ^""^^
Refference is Granted with the Consent of both parties in a Suit
between Cap* William Mitchell plantiff and Thomas Innis defendant,
till the next Generall Provinciall Court in march next.
Satisfied by m' Luke Gardiner for an Order of Court for freeing Goulson v.
a maid for Daniell Goulson's use unto the Sheriff lames Veitch. Gardiner
Nosuit to Rich** True Stagwell v.
Nonsuit is Granted unto Richard True in the Suit of Thomas Stag- '^^^
well with Cost of Suit.
ludgment is Granted against Thomas Seamer in the behalf of Farrera v.
David Farrera for a debt of one Thousand Seventy five pounds of ^**™**'
Tobacco and Caske. And upon non-payment of the Said Debt Exe-
cution to be Granted, with Cost of Suit.
Whereas it appeareth to this Court that m' Henry Coursey is Seamer v.
indebted unto Thomas Seamer the Sume of one Thousand one Coursey
himdred and thirtie pounds of Tobacco and Caske. The Court doth
order that the Said debt of one Thousand one hundred and thirty
pounds of Tobacco and Caske be Satisfied with Cost of Suit, or
Else Execution
A Refferrence is Granted in all other Actions depending between p. 373
m' Henry Coursey and Thomas Seamer untill the next Court in
March next.
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12 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 Whereas it appeareth to this Court that Edmond Linsey Standeth
^^^Una^ ^^^^^ ^^^^ William Empson in the Sume of three hundred Sixty
five pounds of Tobacco and Caske due by Bill, the Court doth order
that the Said Linsey do Satisfie the Said debt of three htmdred Sixty
five pounds of Tobacco and Cask with Cost of Suit, or Else Exe-
cution.
Re Estate of Quietus to m" fFenwicke
onguc Quietus Est is Granted unto m" lane ffenwick Administratrix
of the Estate of ffriendship Thoungue.
Price and Whereas Patrick fforrest Attorney of Cap^ lohn Price and Wil-
E?a^o7 ^^^^^ Huse hath Petitioned this Court for a debt of one Thousand
Dandy one hundred twenty eight pounds of Tobacco and Caske, due to the
Said Price, and four hundred fiftie five pounds of Tobacco and
Caske due to William Huse, and three hundred 20 nine pounds of
Tobacco and Caske due to the Estate of m' Thomas Hatton deceased
amounting in all to the Sume of one Thousand nine hundred and
twelve potmds of Tobacco and Caske being due by Specialties from
the Estate of lohn Dandy deceased The Court doth order that the
Said Debts be forthwith Satisfied, out of the Estate of the Said
lohn Dandy deced or Else Execution
Turner v. Whereas it appeareth to this' Court that lohn Scwell is Indebted
Sewell unto William Turner in the Sume of three hundred pounds of
Tobacco and Cask, and the Said Sewell haveing acknowledged
ludgm* for the Same, The Court doth order that the Said Sewell
Shall Satisfie the Said debt of three hundred pounds of Tobacco
and Caske, or Else Execution
1657/8 The Same Court Continued the first of lanuary 1657
J*"* ' (W Rich** Preston. m' Wood : Stockley
M' Mich : Brookes. m' W"* Parratt
M' lohn Lawson m' Thorn : Thomas
m' W"* Evens
Present
K
Farrera v. Whereas lames lolly by former Judgment of this Court dated the
p. 374 ^3*^ ^f lanuary 1656 was to pay unto David fFarera the Sume of
one Thousand five hundred and twenty pounds of Tobacco and
[vide 10 Caske. And Whereas the Said ffarera in respect of the Said lollies
^^] Inabilitie for the payment of the Said, Sume according to the Said
Order, did forbear the Said lolly, w^ Engagement to pay the Said
debt this Crop, of which the Said lolly, having failed in the whole
or part thereof, and the Said ffarera relinquishing the Said Engage-
ment, and desireing the benefitt of his former order for that debt,
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Provincial Court Proceedings, 1657-8. 13
The Court doth order that the Said ffarera have Execution if he Lib. B. No. 3
desire it, against the Estate of the Said lolly for the Satisfying of
the Said debt, according to order of Court as aforesaid
Order to Ann Maddookes the relict of lohn Dandy Re Estate of
Whereas by former order of this Court upon the first of October
1657 Ann Dandy the wife of lohn Dandy was to put in Security to
be resposible for the Estate of the Said Dandy deceased, by the
time in th* order Specified. And m' Rice Maddookes who Married
the relict of the Said Dandy appearing at this Court and desireing
respite imtill march Court next to make Good the Said former order,
This Court doth farther order that if he Said Maddookes, Shall
Satisfie Such debts or Compound with Such Creditors, as have lust
Claime by order unto the Said Estate, and Shall at the Said Court
in march next, put in Securitie according to former Order, then the
Said Maddookes & his wife to be possest of the Said Estate, accord-
ing to former order in that Case provided, And it is farther Ordered
that in the meane time, the Said m' Maddookes & his wife Shall at
the Said Court in March next, give a true acco* to the best of their
knowledge upon oath of all, & reall the Estate, that the Said lohn
Dandy dyed possest of
order to m'* Wilkinnson for the Orphans of Pritchard Re Estate of
Whereas m' William Wilkinson hath Petitioned to this Court in P"*<***"^
the behalf and for the maintenance of an Orphan now under his
Charge of lohn Pritchards deceased, which Child as it appeareth,
the Said Pritchard a Little before his death brought to, and Left p. 375
with the Said Wilkinson, And hath by the Said Wilkinson been kept
this nine months. The Court doth order that Paul Sympson, Ad-
minist' of the Said Pritchards Estate, Shall deliver unto the Said
m' William Wilkinson upon oath before m' lohn Lawson, all the
remainder of the Said Pritchards Estate for the use of the Said
Child, and for the Satisfying of the Said m' Wilkinson as he the Said
Simpson hath in his hands, or knowes of, over and above what hath
Satisfied the Said Simpson, Such debts, as the Said Pritchard was
indebted unto him. And the Said m"* Wilkinson is hereby Impowered
to Enquire after and to take into his hands, all what is properly
belonging to the Estate of the Said Pritchard within this Province
order for Execut to m' Preston contra Qawson Preston v.
Whereas attachment was Granted unto m' Richard Preston C^^»^"
against the Estate of William Clawson for a debt of three hundred
Eighty three pounds of Tobacco and Caske, and Six pounds of
beaver and two beaver Skinnes, and the S** m' Richard Preston
Suing to this Court for order to have Execution upon the Goods
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14 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 attacht for the Satisfying of that debt, and it appearing to this Court
by Bill and account, that the Said Clawson is indebted unto the Said
m' Richard Preston, in the aforesaid Summe of Tobacco and beaver,
And that the Said Qawson is non-resident in this Province. The
Court doth therefore order that the Goods So Attachmt Shall be Val-
ued & apprazed for the Satisfying of the Said m' Richard Preston
the Said Debt of Tobacco and beaver.
^oore ^^^^^ ^^ ^ • ^^^ ^g* ^^^ Estate of Moore
Whereas Stephen Gary hath Petitioned to this Court for a debt of
one hundred and fiftie pound of Tobacco and Caske due by Specialty
out of the Estate of Richard Moore deceased unto the Said Gary for
transportation The Court doth order that the Said one hundred and
fiftie pounds of Tobacco and Caske be forthwith Satisfied out of the
Estate of the Said Moore deceased or else Execucon
Proprietary order Contra Palldin
V. Palldin
Whereas lane Palldin Servant to William Dorrington hath been
brought before this Court, for having a Bastard Child, the truth of
which is manifest, and the Said Palldin having taken her oath in
Court, as formerly upon her Examination at a Court held the 25 of
P- 376 luly 1657, thait the Said Child is lohn Nortons, and as by many Cir-
cumstances by Severall Depositions farther appeareth. The Court
doth therefore order that the Said lane Palldin Shall receive for
this fact. Thirty Lashes upon the bare back with a whip. And that
the Said Norton do put in Security both for the keeping and bringing
up of the S** Child and for his Good behaviour with Cost of Suit.
And m' Dorrington So to Provid and do his Endeavour that the
Said lane Palldin be not admitted to accompany with the Said
Norton.
Deposit de lane Palldin
William Dorrington Swome and Examined Sayeth that the time
when this Deponent brought lane Palldin to make her Confession
in Court, the S** lane being imwilling to go home without this
Deponent. This Deponent went home with her the Said Palldin.
And the Said Palldin when She Came home, went into a Little room,
where they were wont to Scalld their Vessells, and Goodman Norton
went out of the house, after this Deponent Came in and after the
Said Norton had been out a Small time Came in againe and Said to
his wife Elizabeth (with his knife drawne) Gods wounds you whore,
if it had not been for you, this would never have Came out. And
ran up to his wife with a pretence to Stab her; And I this Deponent
Stopped him, and asked of him (after Some few words had passed)
whether he were minded to go to the Devill. The Said Norton made
answer, Gods wounds I Care not. At Severall other times this
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Provincial Court Proceedings, 1657-8. 15
Deponent Sayth that he hath heard the Said Norton Say, that his Lib. B. No. 3
wife did go about to take away his Life, And farther this Deponent
Saith not.
Signum
William W Dorrington
Deposit de lane Palldin
Griffin George Swome Sayth that he this Deponent was a Liver in
lohn Nortons house, And much about the time that lane Palldin
quickned Elizabeth Norton told me this Deponent that She was p. 377
undone, I this Depon* demanded of her how She was undone, She
the Said Elizabeth answered, this damned lade is with Child, I this
Deponent replyed ; that if She and her husband were Innocent in it
they need not to take Care ; Elizabeth Norton farther Said to me this
Deponent, Man, I am imdone, And proceeding into farther discourse
about the busieness the Said Elizabeth Said, Suppose She Should lay
it to you, if She doeth Said I this Deponent, to God and her own
Conscience be it, but I hope God will give her more Grace, and that
She will lay it to the Right father, within a Small time after I this
Deponent after they had done milking, Came to the Said Palldin
when She was washing her milk Vessells, and Demanded of her
which way She went to work to gett this Child, She answered the
old man that gott it Sayeth, I Shall not Suffer in it, for he will beare
me harmless, on another time, the S^ Palldin told me this Deponent
(in answer to Some questions which I asked of her) that She never
lay with any man but Goodman Norton, and that he knoweth well
Enough, on another time this Deponent went over to William Bram-
malles, and the S** Brammall did begin to discourse about murther ;
and Said to me this Deponent, that for ought he the S** Brammall did
know, I mought be accessary to murther. I this Deponent made
answer, that there was a Cursed Living where I was but for my part
I Said I wou'd Endeavour to make all things as quiett as I could,
Truely Sayth the Said Brammall if I hear the like busieness againe,
which the old woman Goodwife Norton hath related, I will goe to
m' Preston and make him acquainted with it, for as for any thing I
know the old woman goeth in danger of her Life, and that it was
very necessary they Should be parted. At another time William Dor-
rington was at lohn Norton's house, and being discourseing of her
and Norton, the Said Dorrington Said unto his maid lane, have a
Care and wrong no man, the Said lane replyed God wrong me if I
wrong him, ffarther this Deponent Sayth that after the Said Palldin
had made her Confession in Court m"* Dorrington brought her home, p. Z7^
and lohn Norton's wife began to raile at her, and the Said Palldin
went away to the old house, where lohn Norton was at beating and
lohn Norton Came running in where m' Dorrington and I this
Deponent, and bess Norton were, and drew his knife, and Called his
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i6 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 wife Damned whore, and Sayed I thought you were my Bosom
friend, and have you betrayed me? Gods wounds I will run my
knife through you. And had it not been for m' Dorrington, and me
this Deponent, I know not what he mought have done to her At
another time this Deponent Sayeth, that there was a bitter falling
out in the house, and that the wench Palldin had a knife in her hand,
and Struck at Goodman Norton, and Sayed, now you have undon
me, I cannot be quiett for you, The Said lohn Norton went to take
the knife out of her hand, and therewith Cutt his own hand. And
farther this Deponent Saith not. Signum
Griffin M George
Mary Hebbome Swome and Examined in open Court Sayeth,
that lane .Palldin, about the time She was first known to be with
Child, Came to her Mistress m" Dorrington's house, and Satt down,
and m" Dorrington asked her how She did, the Said Palldin desired
her mistriss to be Contented, and Said She would Endeavo' to do
her own work. Then m** Dorrington asked her the S** Palldin who
was the father of the Child, the Said lane answered She did not
know, m" Dorrington asked her whether She was So Impudent a
whore that She did not know the father of it. She the Said Palldin
farther replyed and Sayed, if you will believe me, and that I were to
be wracked to death, I know not the father of it. The Said Palldin
being farther urged by one lohn Buckstone to tell who was the
ffather, of the Child She the Said Palldin Said, that upon one
Sabboth day in the morning, a Strange man Came in to lohn
Norton's house to pipe it, and he gott her with Child. This De-
p. 379 ponent Standing by made answer this Cannot be that you would lye
with a Stranger, and desired her the Said lane to tell the truth,
whereupon the Said Palldin Sayed that if She Should tell the truth,
She had better never goe home, m" Dorrington replyed and asked
her, whom She Should be afraid of, and bid her Speake the truth
and wrong no man, She the Said Palldin then made reply that it was
lohn Nortons Child, and nobodyes but his and that She never did
know any ones body Since She Came into the Countrey but only
his. Thereupon m" Dorrington Said Come lane, let us go to the
Court, and deliver your Self there, and brought her down to the
Court, ffarther this Deponent Sayth that on a Certaine time, when
the Said Palldin was first quick, the Said Palldin took an Occasion
to tell this Deponent, that She heard that I the Said Deponent was
to be Sold to Goodman Goulson, and farther Sayed that there were
two Batchellors would have freed her the Said Palldin, but lohn
Norton loved her So Dearly, that he would not part with her ; and
for any man that Should buy her the Said Palldin before her time
were Expired, that the Said Norton would be the death of him, and
that the Said Norton did Say, that perchance before the Said
Palldin's time were Expired his wife mought dye; and that he the
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Provincial Court Proceedings, 1657-8. 17
S** Norton loved her the Said Palldin very well, This Deponent made Lib. B. No. 3
the Said Palldin Answer, and asked her how She Could find in her
heart to love him. She the Said Palldin answered Oh! Mary he
lovcth me Dearly, and Sayd She was Confident he would have her
if his wife were dead and at the Same time She the Said Palldin was
quick with Child (but this Deponent did not know it) and would
have taken Physick, ffarther this Deponent Sayeth that lohn Norton,
hath given to her this Deponent the Same relation, and hath declared p. 380
that he did Love her wonderfully and that She was an Extrordinary
Good housewife, and that he would have her before any woman in
the Countrey, for he loved her as Dearly as his Life, but desired me
this deponent that I would not reveale it, farther this Deponent
Saith that Goodwife Norton, would have had the Said Palldin, to
have Laid the Child to one George Hardestie and lane made Answer
and wished that She mought never be delivered, if Bess Norton
would not have had her fathered on him, but the Said lane would
not, farther this Deponent Sayeth that She this Deponent taxeing
lane Palldin why She did wrong this Deponents m" and Said that
m" Dorrington had perswaded her to father the Child upon lohn
Norton, the Said Palldin made Answer, that She forced by Norton's
wife to Speake what She did to Live at quiett, and Desired m"
Dorrington to be Contented. And farther this Deponent Sayth not
Signum
Mary H Hebbome
Peter Underwood aged twenty and one yeares or thereabouts
Sworne and Examined, Sayeth that he this Deponent went up to
the house of lohn Norton about October last to marke Cattle, and not
having a rope went to borrow one, and that he this Depon* Comeing
out of the house did miss his handkerchief from his neck and went
thereupon back again to the Said Nortons house, and at his Comeing
in did See lane Palldin, and the Said Norton Sitting upon two
Stooles together by the fire Side, and the Said Norton Satt with his
hand in the Slitt of the Said Palldin's Coate before, and as I this
Deponent passed by the Said Norton did draw back his Stoole a Little
way from the Said Palldin and blusht. And farther this Deponent
Saith not Peter Underwood
Thomas Turner Sworne and Examined in open Court Sayth, that p. 381
he this Deponent was Sent by his master William Dorrington up
to lohn Norton's house to marke Cattle, and this Deponent de-
manded of the Said Norton, where he intended to live the next yeare
the Said Norton answered that he intended to live where he was,
farther this deponent demanded of the Said Norton what he would
do with lane Palldin, being She was with Child, he the Said Norton
Said, that if he Should leave as for what was betwixt him and the
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i8 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 wench he must Suffer the Law, and farther Said that he knew the
most they Could do it was but a fine, and that was all they Could do,
and that he hoped it would not imdo him The maid lane Palldin
made answer to the S** Norton and bid him he Should not feare, for
he Should not be undone by her. And farther this Deponent Saith
not Signum
Thomas X Turner
Edmond Hinshman Swome and Examined Sayeth that when m'
Preston Sent his Warrant for the fetching down of lane Palldin, this
Deponent went with the Constable, And Andrew Willcox to lohn
Norton3 house, and after we were Come to the house according to
Order, the Constable demanded lane Palldin, lohn Norton Answered
She Should not go ; also the S** Palldin resisted the Constable, where-
upon, the Constable demanded and required lohn Norton and me
this Deponent to be assistant, the Said Norton refused to aid or
assist him. Thereupon lane Palldin gott a knife in her hand, and
Swore Several bitter Oathes, She would Stab the Constable, and me
this Deponent, And did Sweare likewise that She would Stab An-
drew Willcox Notwithstanding the Good Language the Said An-
drew gave her, and did through a desperate kind of Iron at him the
Said Willcox And farther this Deponent Saith not
Edmond Hinchman
Mitchell V. M' Luke Barber Swome Sayth that he this Deporf Comeing to
G«rrard ^^r Gerrard after Cap* Mitchells arrivall into these parts, and telling
the Said Gerrard that the Said Mitchell was arrived m' Gerrard
p. 382 desired me this Deponent, to remember him to Cap* Mitchell, and
tell him his Cowes were ready or words to that purpose, to the best
of this Deponents remembrance. And farther this Deponent Saith
not. L. Barber
Deposit Edmond Phillpott
Edmond Phillpott aged about Sixty yeares Deposeth and Saith
that about the end of April 1652 Cap^ William Mitchell Sold this
Deponent to m' Thomas Gerrard, and this Deponent had to Serve
Cap* Mitchell two yeares and almost two monthes, and it was agreed
that m' Gerrard Should pay upon that agreement unto Cap* William
Mitchell four Cowes or heifers with Calfe or Calves by their Sides,
to be delivered upon demand after the Said Cap* Mitchells return
from England, and in Case the Said Cap* Mitchell did not retume
the next yeare following, one Cow was to be delivered for the use
of the Said Mitchells his Children and the other three Cowes or
heifers at his retume. And farther this Deponent Saith that in Case
the Said Cap* Mitchell did retume before this Deponents time was
Expired, then he this Deponent was to be returned to the Said Cap*
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Provincial Court Proceedings, 1657-8. 19
Mitchell, and the Said Gerrard was to pay unto this Deponent Lib. B. No. 3
twenty pound Sterling or the Value thereof in other Commodities,
if the Said Gerrard was this Deponents last master. And this De-
ponent Saith that the Said Gerrard gave the Said Deponent a
Specialty for the Said twenty pounds Sterling within a few dayes
after the Said agreement ; in Case the Said Gerrard Should be his
this Deponents last master. But in Case the Said Mitchell was this
Deponents last master then the S** Cap* Mitchell was to pay the
Wages, farther this Deponent Saith not E P
The Deposition of m' Henry Coursey aged 29 yeares or there- Marsh v.
abouts Swome and Examined in open Court Saith. Gwythcr
That Cap* Nicholas Gwither did Enter into bond unto m' Thomas
Marsh late of Seveme deceased, for five thousand Seven hundred p. 383
forty and three pounds of Tobacco and Caske, upon which he did
acknowledge a ludgment, which Said Bond was past Collusively to
Save the Cattle of the Said Guyther, which he the Said Guither was
afraid would have been taken from him, for a fine, he then being
prisoner at Seaveme, And farther this Deponent Saith that the
debt due to the Said Marsh being no more then four thousand four
hundred Sixty & four poimds of Tobacco and Caske» this Deponent
being his then Attorney for the receipt thereof. And farther this
Deponent Sayth not Henry Coursey
de Edward Hostkeys Re Hostkeys
M' Thomas Trueman aged twenty nine yeares or thereabout
Swome Sayeth that he this Deponent did make an Indenttu-e betwixt
Edward Hostkeys and Cap* losias ffendall and farther this Deponent
Saith that the Said Edward Hostkeys, was demanded by Cap*
ffendall, whether he the Said Hostkeys had rather live with Coll
Smith or with him the Said ffendall, the Said Hostkeys made answer
that he had rather live with Cap* ffendall, farther this dep* Sayth
that the Said Hostkeys did Covenant and agree in the Said Indenture
to Serve the Said ffendall three yeares in all manner of Imployments
according to the Custome of the Countrey, only beating at the Mortar
Excepted And farther this Depon* sayth not
Thomas Trueman
Deposit inter Aron et Tobias Norton Norton v.
Richard Garill aged 50 yeares or thereabouts Swome and Ex- J*^^*^"
amined in open Court Sayth, that he this Deponent was present when
John Little and Tobias Norton were making up their accounts with
Aron lacobson and his Copartner, Albert lohnson, And farther this
Deponent Sayeth that the Said Aron lacobson and Albert lohnson
did perfect and make Even all their accounts with the Said John
Little and Tobias Norton, all but two hundred and fifty pounds of
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20 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 flower, and that the two Dutchmen remained So much in the Said
lohn Littles and Tobias Norton's debt, after their accounts were all
perfected, And farther this Deponent Sayth not
Signum
lohn X Garrill
Sepharin Hach Swome and Examined in open Court Sayth that
he this Deponent heard Allbert lohnson Say that he the Said
lohnson was to bring in two hund** and fiftie pounds of flower, from
the Manadose for lohn Little and farther this Deponent Saith not
Sepherin Hach
Proprietary We whose Names are underwritten according to our oathes
V. Robins taken by m' Lawson, and by an order of the last Court to
Search the body of Elizabeth Robins do return our opinions
and Answer
The lury of women upon Elizabeth Robins
We found the Said Elizabeth in a very Sad Condition and in a
Condition not like to other women, & Confessed that She had twice
taken Savin; once boyled in milk and the other time Strayned
through a Cloath, and at the taking thereof not Supposing her self
with Child as She Sayeth, takeing it for wormes not knowing the
Vertue thereof any other wayes, farther Confessed that She Sup-
poseth her Self to have a dead Child within her, and if a Child, that
the true begetter of it was her husband Robert Robins.
Signum
Signum Mary X Wright
Margaret M Banks Signum
Signum Ann A Smith
Darcos D Lawson ^ Signum
Barbara lohnson lane X Robinson
oDkins Tho: Sheriden Depo: De Rob* Hopkins Et Michael Basey
Bascy Thomas Sherriden aged forty yeares or thereabouts Swome and
Examined Sayeth that about the last Spring this Deponent lost a
p. 38s parcell of hogs, and those Said hogs were wont to keep about Robert
Hopkins and his Brother's Ground, farther this Deponent Sayeth,
that he Enquired of the Said Brothers for the Said hogs, who made
answer they had lost theirs also, farther this Deponent demanded of
them, if they did know which way the Said hogs went, and the two
brothers replyed that, they had Some bad neighbours, and that they
Could not keep any thing for them, And the Brothers farther Said,
that they thought mine were gone the Same way that theirs were,
farther this Deponent demanded of the Said Brothers, what neigh-
bours they were, that were so bad, they replyed it was Michael Basey,
This Deponent demanded farther if they Could prove it, they an-
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Provincial Court Proceedings, 1657-8. 21
swered that Henry BuUens wife Should Say, that She was in Michael Lib. B. No. 3
Basey's house, one night late, when Michael Basey brought in a hog
without Eares, And Robert Hopkins farther told this Deponent that
the said Bullens wife did Say; that Michael Basey did Say to his
wife (Seeing a Stranger in the house) when he Came in with the
hog, 01 wife I have left the hogs Eares in the Indian Cabinn, and
forgott them. And farther this Dep* Sayeth that Robert Hopkins
did tell him this Depon* that Henry Bullen's wife did say, that She
heard Michael Basey farther Say to his wife that the Sow was very
poor, and that he thought She was with pig In Answer to this Dis-
course of the Brothers this Depon^ made reply, that if this were all
the proofe that they had that he this Deponent would put it upp,
But the brothers answered they would not, but would Sue the Said
Michael Basey, farther this Depon* Coming upon another day to the
house of the two Brothers, to look after his Said hogs, did find one
hog dead. Lying upon the Rising of the Said Brothers Ground, all
Eaten but the feet and a piece of the head, but both Eares were
gone, This Depon* told the brothers of it, and one of them made
answ' he would go to See the hog ; and when we Came to the hog we
turned it. And the Said Hopkins made Answer, that he did think in
his Concience that it was his hog. Signum p. 386
Thomas X Shcrriden
Order to Aron lacobson - Jacobson
Where as Aaron lacobson hath Petitioned this Court to be Im- ^- Johnwn
powered for the receiving of all lust debts to Allbert lohnson within
this Province, The S^ lacobson having been (as he alledgeth) Co-
partner with the Said lohnson, and Equally interested in the Said
debts, and farther alledging that he the Said lacobson did Send along
with the Said lohnson a Considerable Sume of Tobacco for the
Mannadose, for the which Sume of Tobacco, the Said lohnson hath
as yet failed to send in any retume or account thereof unto him the
Said lacobson, and the Said lacobson pleading himself much damni-
fied thereby The Court finding the Said lacobson neerlest interested
in the Said debts, doth order that the Said lacobson be Impowered
to receive all lust debts whatsoever within this Province belonging
unto the Sd lohnson he the Said lacobson putting in Security to be
accountable for the Same to the Said lohnson or his Assigns when-
soever he shall (by either of them) be Legally thereunto Called.
These presents Wittness that Whereas Edmond Phillpott is by Mitdiell v.
Assignment to Serve me Thomas Gerrard of St Qemcnts Esq for p*^^
the time he was to Serve Capt William Mitchell. In Case the Said
Capt Mitchell do not before return from England, and remand him
And in Consideration whereof I the Said Thomas Gerrard am to pay
unto the Said Edmond Phillpott twenty poimds Sterling, or the
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22 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 Value thereof in the Commodities of this Countrey, But in Case the
Said Edmond Phillpott be remanded before the S** Terme be Ex-
pired, by the Said Cap^ Mitchell, that then the Said Cap^ Mitchell is
to Satisfie the Said Edmond Phillpott, according to the Condition of
this Indenture, And the Said Thomas Gerrard is to be discharged
from the payment of the Said Twenty pound Sterling, any thing
Contained in These presents. Notwithstanding. In Testimony
p. 388 whereof we have Sett our hands this 27* of may 1652
Teste Roger Isham Thomas Gerrard
Thomas Hawkines Will Mitchell
Concordat Cum Orriginali teste me Tho : Turner CHc
1657/8 Owen lames hath this day (being the 26* of lanuary 1657) Entred
Estate^ of ^ Caveat for Administration upon the Estate of Paid Simpson
Simpson deceased.
Stone V. These may Testify I Thomas Stone do acquitt release and free
Fcb^u'^te^ Soliman Barbarah from all Service and Engagegements due from
Recorded him to Cap* William Stone (Excepting the Clause of the Leaving
I^'^i&ll?" him half his Estate at his Death, which according to former Con-
mon tsarba- ■,» » e^ * * * ^ \ « 7<. m«
rah dition Standeth m force) upon the payment of four Thousand
pounds of Tobacco, for which I am Content to take, a man Servant
at Eighteen hundred and his Bill for one Thousand to be paid upon
demand, and the other twelve hund** to be paid the next yeare as
Wittness my hand this 13^ of November 1657
Thomas Stone
Witness. Sam : tt Bonam
1657/8 At a Court Held at Putuxent the 30*** of lanuary 1657
*"' ^ (trf Richard Preston m' lohn Hatdi
Present
m' Mich : Brooke m' William Parratt
m' W» Euens.
Sharpe v. Whereas m' Peter Sharpe Chirurgeon hath Exhibited an Account
Morris ^q ^jg Court for Physick and attendance. Expended and Admin-
istred unto Bassill Little Merchant in the time of his Sickness, as
by the Said m' Sharpes accompt appeareth, to the Sume of two
thousand one hundred and ninety pounds of Tobacco and Caske, and
Cap* Rob* Morris and m' Henry Meese Executors of the Estate of
the Said Bassill Little deceased desireing the ludgm* of the Court
upon the Said Accompt, The Court doth therefore order that the
p. 389 Said Cap* Morris and m"^ Meese Shall Satisfie unto the Said m' Peter
Sharpe out of the Estate of the Said nf Bassill Litde deceased the
Sume of one Thousand five hundred pounds of Tob® and Caske, in
full Satisfaction of the aforesaid account of two Thousand one
hundred and ninety pounds of Tobacco
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Provincial Court Proceedings, 1657-8. 23
Whereas m'' William Dorrington hath Petitioned to this Court for Lib. B. No. 3
Charges Expended in the time of the Sickness of Bassill Little ^ ^5^^"
merchant deceased viz. for his f unerall Charges three thousand, for
the diett of three Servants nine weekes per piece, two Thousand
Seven hundred, for m^ Sledd's accommodation dyett & Storadge
two Thousand, In all amounting to Seven thousand Seven hundred,
which accompt being Examined by the Court, The Court doth order
that Seven thousand pounds of Tobacco and Caske be paid unto the
Said m^ William Dorrington, out of the Estate of the Said m*" Bassill
Little deceased, in full Satisfaction of the aforesaid accompt of
Seven Thousand Seven hundred pounds of Tobacco and Caske.
Order to m'' Richard Smith Rc Lcc
Whereas m*" Richard Smith hath presented before this Court a
woman Servant of m' Bassill Little deceased named Elizabeth Lee
(bought of m' Henry Meese Merchant Executor to the Said Estate)
Coming in without Indenture, to ludge according to Act of Assembly
her age. The Court doth ludge the Said Servant not to be of the age
of Sixteen yeares, and to Serve according as the Law in that Case
hath Provided.
Whereas it appeareth to this Court that lohn Sutton Standeth f^^^^ ^•
Indebted unto the Estate of m*" Bassill Little deceased, the Sume
of five hundred and fifty pounds of Tobacco and Caske, as by Bill
dated the fifth of march last appeareth. The Court doth order that
the Said lohn Sutton Shall Satisfie the Said debt of five hundred
and fifty pounds of Tobacco and Caske w*** Cost of Suit, or Else
Execution
Whereas Christopher Cary hath Petitioned this Court for a debt ^^ ^-^
of two Thousand pounds of Tobacco and Caske being due by Con-
dition, from Thomas Letchworth to the Said Cary for a Servant
bought by the Said Letchworth of the Said Cary. And the Said
Letchworth being bound, Covenant to deliver back the Said Servant, p. 390
as also to pay one Hogshead of Tob : upon default of payment for
the Said Servant (upon demand) The Court doth therefore order
that th* Said Servant Redelivered to the Said Cary according to
Condition with one Hogshead of Good and bright Tobacco forth-
with to be Satisfied otherwise Execution to pass against the Estate
of the Said Letchworth.
Whereas it appeareth to this Court that Henry Cox Standeth in- Morris v.
debted to the Estate of m' Bassill Little deceased in the Sume of one ^^
Thousand one hundred Eighty two pounds of Tobacco and Caske
as by two Severall Specialties appeareth. The Court doth order that
the Said Cox do forthwith Satisfie the Said one Thousand one hun-
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24 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 dred Eighty two pounds of Tobacco and Caske with Court Charges
or Else Execution.
Bonam v. Whereas it appeareth to this Court that William Lawrell is in-
Lawrell jebted tmto lohn Bonam in the Sume of four hundred forty five
potmds of Tobacco & Caske as by Specialty appeareth, The Court
doth order that the Said four hundred forty five pounds of Tobacco
and Caske be forthwith Satisfied by the Said Lawrell to the Said
Bonam with Court Charges, or Else Execution
Morris v. Whereas it appeareth to this Court that George Bussey Standeth
Busscy indebted to the Estate of m*^ Bassill Little deceased the Sume of two
Thousand Six hundred Eighty three pounds of Tobacco and Caske,
The Court doth order that the Said George Bussey shall forthwith
p. 391 Satisfie the Said Two Thousand Six hundred Eighty three pounds
of Tobacco and Caske with Court Charges or else Execution.
Morris v. Whereas it appeareth to this Court th* m"" lohn Pott Standeth
^®" Indebted to the Estate of m' Bassill Little Deceased in the Sume of
four hundred pounds of Tobacco and Caske, being due by a Specialty
assigned over to the Said m"" Little by Thomas Seamor, The Court
doth order that the Said m' Potts, Shall forthwith Satisfie the Said
debt of four hundred pounds of Tobacco and Caske with Cost of
Suit, or Else Execution.
Meese v. Whereas Henry Meese merch^ hath Petitioned this Court for a
^^ debt of one Thousand one hundred & Eleven pounds of Tobacco and
Caske due to him the S*^ Meese for Goods Sold and Delivered to
Phillip Harwood, And the Said Harwood Confessing the debt. The
Court doth order that the Said Phillip Harwood, Shall forthwith
Satisfie the Said one Thousand one hundred and Eleven pounds of
Tobacco and Caske unto the Said m"" Henry Meese with Cost of
Suit or Else Execution
Osborne y. ludgment is Granted unto m' Henry Osborne, against the Estate
Morns ^£ Baggill Little merchant deceased for a debt of one Thousand and
tenn pounds of Tobacco and Caske being due to the Said Osborne by
accompte, to the truth of which accompt the Said Osborne hath been
deposed in open Court.
Morris v. Judgment is Granted unto m"" Robert Morris and m*^ Henry Meese
Executors to m' Bassill Little deceased against Edward Keene for a
debt of two thousand Seven hundred Eighty and Seven pounds of
Tobacco and Caske being due from the Said Keene to the Estate of
the Said m' Bassill Little deceased with Cost of Suit
Keene
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Provincial Court Proceedings, 1657-8. 25
Whereas it appeareth to this Court that m'' Henry Hooper is in- Lib. B. No. 3
debted unto the Estate of m' Bassill Little Deceased, the Sume of jj^^^*
three hundred thirty nine pounds of Tobacco and Caske, The Court
doth order that the Said m' Hooper do forthwith Satisfie the Said
three hundred thirty and nine pounds of Tobacco and Caske with
Cost of Suit or Else Execution.
Whereas Ishmaell Wright Standeth Indebted to the Estate of Moms v.
Bassill Little merch* in the Sume of twelve hundred pounds of ^"""^f"*
Tobacco and Caske as appeareth to this Court being due by bill and
accompt The Court doth order that the Said Ishmaell Wright do
forthwith Satisfie the Said debt of twelve hundred pounds of To-
bacco and Caske, with Cost of Suit, or Else Execution.
Whereas Cap* Robert Morris and m' Henry Meese Executors to Morris v.
the Estate of m*^ Bassill Little deceased, have Petitioned this Court ^^^*
against lohn Reede for nine hundred thirty two pounds of Tobacco
& Caske due by Bill, and it appearing to this Court, by a Receipt
under the hand of m*" Richard Harris deceased that there was paid
by the Said lohn Reede, unto the Said Harris for the use of the
Said m*" Little the Sume of Eight hundred pounds of Tobacco and
Caske in part of the Said debt of nine hundred thirty and two p. 392
pounds of Tobacco and Caske, The Court doth order that the Said
Reede, be discharged of the payment of the Said Eight hundred
potmds of Tobacco and Caske, and that he pay the remainder being
one hundred thirty two pounds of Tobacco and Caske with Cost of
Suit or Else Execution.
Whereas it appeareth to this Court that lohn Bagbey Standeth Morris v.
indebted unto the Estate of m"" Bassill Little deceased the Sume of ^*«^
four hundred fifty and Six pounds of Tobacco and Caske as by
Bill appeareth, The Court doth order that the Said lohn Bagbey do
Satisfie the Said debt with Cost of Suit, or else Execution
Whereas it appeareth to this Court that William Turner Standeth Morris v.
indebted unto the Estate of m** Bassill Little deceased in the Simie ^"^^^
of two Thousand two hundred Sixty and five pounds of Tobacco
and Caske due by two Bills, The Court doth therefore order that the
Said William Turner Shall Satisfie the Said debt of two thousand
two hundred Sixty and five pounds of Tobacco and Caske, or Else
Execution, with Cost of Suit
Whereas Cap* Robert Morris, and m*" Henry Meese Executors to Morris v.
the Estate of m*" Bassill Little deceased have Petitioned to this Court Taylor
against Robert Tayler for a debt of Seven hundred pounds of To-
bacco and Caske due by Bill, And it appearing to this Court by
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26 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 Receipts under the hand of m' Richard Harris Attomy of the Said
m' Little, that there is due from the Said Robert Tayler upon that
bill, but fifty five pounds of Tobacco: The rest being received by
the Said m'' Harris for the use of the Said m' Little, The Court doth
therefore order that the Said Tayler do forthwith Satisfie the Said
debt of fifty five pounds of Tobacco & Caske in full Satisfaction of
that debt, or Else Execution
Morris V. Where as it appeareth to this Court that lohn Grammer Standeth
Grammcr indebted unto the Estate of Bassill Little, merch* deceased, the Sume
p. 393 of Six hundred and Eighteen pounds of Tobacco and Caske being
part of a debt by Bill unsatisfied, and due as it appeareth to the
Said Estate, The Court doth order that the Said lohn Grammer
do forthwith Satisfie the Said debt of Six hund** and Eighteen pounds
of Tobacco with Cost of Suit or Else Execution.
Morris y. Whereas it appeareth to this Court that Cap* Phill : Morgin Stand-
Morgin g^ indebted unto the Estate of m*" Bassill Little deceased, the Sume
of three hundred and Eighty pounds of Tobacco and Caske due by
Bill and account. The Court doth order that the Said Cap* Phillip
Morgin Shall forthwith Satisfie the Said debt with Cost of Suit, or
Else Execution
Keene v. Order to Cap* Keene
^Little ludgment is Granted to Cap* Henry Keene against the Estate
of m' Bassill Little deceased for Six hundred pounds of Tobacco
and Caske due by accompt to the Said Cap* Keene.
Re Makey Order to Robert Makey for his freedom
Whereas by the Testimony of m'' Henry Osborne and m' Peter
Sharpe, it appeareth to this Court that m'' Bassill Little late deceased,
did promise when he the Said m"" Little lay Sick to Sett free a Serv-
ant of his Named Robert Makey, And the abovesaid m*^ Osborne and
m*" Sharpe having manifested the Same upon their Severall oathes.
The Court doth order that the Said Makey be released, and Sett free
from all Claimes of Servitude from the Said m*^ Little his heirs Ex-
ecutors or any other person by, from, or under them or either of
them whatsoever.
January 12, January the 12*** Anno Domini 1657
Re Estate of '^^'^^ Piper aged 30 yeares or thereabouts Swome and Examined
White upon his oath Sayth, that about the middle of this last October
Thomas White Came to the house of the Said Pipers, and told this
p. 394 Deponent he Came to Gather Some Hasell nuts for Margaret Wil-
liam Marshalls maid, And farther this Deponent Sayth that Thomas
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Provincial Court Proceedings, 1657-8. 27
White told him that the Said Margarett, and he the Said White, had Lib. B. No. 3
past their faith and troth together, and farther Saith not lurat
Coram me Signum
lohn Hatch lohn m Piper
January the 12*** Anno Dom: 1657
Depositions de Thomas White
Richard Tarling aged 23 yeares or thereabouts Swome and Ex-
amined upon his oath Sayeth, That about nine Weekes agoe or
thereabouts this Deporf Sayeth, Setting upon a Tree with Thomas
White in the Plantation of William Marshalls, he the Said Thomas
White told this Deponent, that he had been in Leage with William
Marshalls maid two yeares or thereabouts. And farther this Depon-
ent Sayth that Thomas White told him that if he dyed he would
give her all that he had, and farther Saith not
lurat Coram me lohn Hatch. Signum
Richard X Tarling
January the 12*^ Anno Dom: 1657
Peter Carr aged 33 yeares or thereabouts Swome and Examined
upon his Oath Sayth that about the Latter End of this Last Decem-
ber Thomas White Came to this Deponent (as he was Splitting of a
Cutt of Rayles) and Thomas White told this Deponent that he asked
Margaret (William Marshalls maid) her good will and She Said
She Loved him, And Thomas White further told this Deponent, that
he would buy her off, for he had three hogsheads of Tobacco att
Edward Swanes and one at lohn Pipers, And this Deponent Re-
plyed he would do her master Injury to take her away till he had
Provided him another. And Thomas White Replyed to this De-
ponent, he would not do So for his Sake, And farther Sa)rth not
Signum
lurat Coram me lohn Hatch Peter X Carr
January the 25*^ Anno Dom: 1657
William Empson Aged 35 yeares or thereabouts Swome and Ex-
amined upon his oath Saith that Thomas White told this Deponent P- 395
(coming along Between his house and William Marshalls) the 27***
of the last December, that if it pleased God he the Said White
Should dye, before he married William Marshalls maid Margarett
he would give her all he had. And farther Sayth not,
lurat Coram me lohn Hatch Signum
William M Empson
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28 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 Dep5sit de SHngsby
* Slhigsby Thomas Lomax Aged about 27 yeare Swome and Examined the
22** of January Anno Dom : 1657 Sayeth, That upon Wednesday the
13*** of lanuary 1657 lohn SHngsby being in the now dwelling house
of Will" Marshall, Sayed unto the Said William take now all that I
have, and lett me See how you will maintaine me, to which the Said
William Replyed. lohn So Soon as I Come from the mill, I will give
you from under my hand, to maintaine you, in meate Drink Apparrell
& Lodging So Long as you live, and if I dye before you You Shall
be maintained out of what Estate I Leave behind me. And farther
this Deponent Sayth that lohn SHngsby made Answer; then all that
I have is yours, And farther Sayth not Thom Lomax
lurat Coram me lohn Hatch
lanuary the 22** Anno Dom: 1657
lohn Dougles aged one and twenty years or thereabouts Swome
and Examined upon Oath the 13*^ of this present lanuary, Sayeth
that he this Depon* heard lohn SHngsby Say unto his master William
Marshall as he was Sitting in a Chaire, with these words, now I am
Come, and will give you all that I have, and See now how you will
maintaine me. And farther this Deponent Sayth, that his master
told lohn SHngsby, that if he dyed before lohn Slingsbey that his
Estate Should maintaine him So Long as he Lived, And farther this
Deponent saith he heard Slingsbey reply, that all was his masters
And farther Sayeth not
lurat Coram me lohn Hatch lohn Duglas
p, 3g5 Know all men by these presents that I Luke Barber of Newtowne
Rj^or<lcd within the Province of Maryland Gent, do acknowledge my Self to
^^ wick Ms owe and Stand indebted unto m" lane flfenwick of Putuxent of the
ff h ^*y 9^ Province abovesaid in the full and lust Sume of Thirty pounds of
Dan :, 16^ Lawf ull English money to be paid unto her the Said m" flfenwick
her heirs Administ" or Assignes, on the Thirtieth day of lune, which
Shall be in the yeare of our Lord God 1658. In or at the Royall
Exchange in London.
Fenwick v. And for the true performance of w** payment I the Said Luke
Barber Barber do hereby (for her the Said m"* ffenwicks better Security)
bind over unto her the Said m" flfenwick, That mare with her whole
increase and one young horse (for w** this Said bond is due) and
twenty pounds Sterling to be paid to her the Said m" flfenwick her
heirs or Assignes (over and above the Said Horses and their In-
crease) on the Thirtieth of luly after the date of the Bond above
Specified, in Case the Said Sume of Thirty pounds be not defrayed,
and paid as is afore Provided To aU which I the Said Luke Barber
do bind my Self, my heirs Executors, and Administrators firmly
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Provincial Court Proceedings, 1657-8. 29
by these presents, As Witness my hand this Seventh day of lune Lib. B. No. 3
AnnoDom: 1657
Sealed Signed an Delivered L Barber
in the presence of
Will Mill Concordat Cum Orriginali
Richard Lloyd Teste me Thomas Turner Cik
London the 21*'' of September 1657
Know all men by these presents that I Cap* lohn Tully master of Parrctt v.
the Ship Reliefe bound for Virginia, Maryland and Providence do '^"^^^
by these presents bind my Self and Assignes unto Thomas Webb
of London Merch* or his Assigns to Receive into my Ship Reliefe
from Thomas Webb or his Assignes in Virginia that is to Say from
any Convenent place within the River of Putuxent in the Province p. 397
of Maryland in Virginia within forty dayes after the arrivall of the
Ship Relief into the River of Putuxent in Virginia, the full quantity
of forty five hogsheads of Tobacco Certain and five hhds of Tobacco Recorded
more uncertaine which quantity of 45 hhds I lohn Tully do oblidge [^[^ ^ij^cth
my Self to fetch or Send my boate or Sloop to bring aboard my of ffcb :, 1657
Ship from any Convenient place within the River of Putuxent, And
farther I Cap* lohn Tully do oblige my Self to Come home to the
Port of London (the danger of the Seas Excepted) and there to
deliver unto Thomas Webb or his Assignes, the abovementioned
forty five Hogsheads of Tobacco, he or they paying fraight after
the Rate of Seven pounds Sterling per Tunn four usuall hhds accord-
ing to the Gage of the Countrey to the Tunn, In performance of this
Covenant I lohn Tully do bind my Self and Assignes to pay unto
Thomas Webb or his assignes, the Sume of two hundred pounds
Sterling money in Case the Covenants abovewritten be not per-
formed. In Witness hereof I have hereunto Sett my hand Seale
this 23** day of September 1657
Wittness lames Bagnall lohn Tully
I do Assigne this agreement within mentioned for 45 hogsheads
of Tobacco and 5 hogsheads unto m*" William Parrett in Patuxon
River in Virginia or his Assignes for my use. Witness my hand this
24^ day of September 1657
P Thomas Webb
Concordat Cum Orriginali Teste me Thomas Turner Qer :
The free Guift of Robert Kingsborough is to bestow one black f^Jhe use
Cow markt on the left Eare with a Crop and two Slitts, and on the ^. Robert
right Eare the Square, and a half moon on the under Side. This boro^h's
Abovesaid marked Cowe, and aged about Six and Seven yeares of ^^JS, ^"
age, I do desire to have Recorded for the Sonne of Edward Wells, ^ary
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30 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 w^** Boy is Named Edward Wells, the abovesaid Cowe and her
female Increase for the use of the abovesaid Boy, only the male
p. 398 kind Calves for my own use, untill the Boy Cometh to age, And
also a Red pyed Cowe for the Daughter of the abovesaid Edward
Wells marked as the abovesaid Cow is marked only a Little bitt of
the Square is gone, These two Cowes I do desire to be Recorded for
the use of Edward Wells and Elizabeth Wells, Children unto Ed-
Rc Kings- ward Wells, only the Bull Calves for my use untill the Said Children
borough j^ q£ ^gg J gjgQ giyg yjj^Q jjjy ^y,^ 3qj^ Q^g R^ hdltv maxktA
with three Slitts in the Crop of the Left Eare, and a Square and a
half moon under the right Eare. This Boy is Named Samuell
Kingsborough, and aged about four yeares, These Cowes and Heif-
ers I do Give unto the abovenamed Children, As Wittness my hand
this 16*^ of flfebruary 1657 Signum
This Deed of Guift was Robert K Kingsborough
made and acknowledged by
the Said Kingsborough in
open Court
Teste me Thomas Turner Qer :
1657/8 At a Provinciall Court held at Putuxent the 16^** of flfebruary 1657
fm*" Rich: Preston m"" William Parratt
Present^ m"" Mich: Brooke m** William Euens
m' Thorn: Thomas
Lumbrozo v. Whereas upon Reference at the last Court It was Ordered that
Gillford William Gillford was to Satisfie unto lacob Lumbrozo four hun-
dred pounds of Tobacco and Caske due by Bill, Reserving what the
p. 399 Said Gillford Could discount at this Court And the Said Gillford
having lustly Discounted one hundred pounds of Tobacco of the
Said Debt, The Court doth order that the Said Lumbrozo do dis-
count the Said one hundred pounds of Tobacco and to pay their
Court Charge
Overact V. Whereas m*" Symon Overzee arrested to this Court Walter Peake
and lohn Cornelius for a debt of two Thousand pounds of Tobacco
and Caske due by Bill to Phillip Land, And Assigned by the Said
Land to the Said Overzee, And the Said Peake Craveing Reference
to the next Court, alledging that he can prove the Said Bill to be
Void, by a Condition in the hands of the Said Land, The Court doth
order and Grant a Reference in that Suit untill the next Court
Re ^tote of Whereas Owen lames hath Petitioned this Court for Administra-
tion of the Estate of Paul Simpson deceased he the Said lames hav-
ing Produced an Account to this Court, wherein he Sayth that the
Said Sympson is indebted unto him the Said Owen lames two
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Provincial Court Proceedings, 1657-8. 31
Thousand four hundred pounds of Tobacco, And Walter Peake Lib. B. No. 3
Caveating to this Court that Administration may not be Granted
alledging that the Said Simpson made a Will, The Court doth
therefore order that if no will appeare at the next Court then
Administracon to be Granted unto the Said Owen lames upon the
Estate of the Said Simpson deceased.
Walter Peake demandeth one Thousand pounds of Tobacco out Pcakc v.
of the Estate of Paul Simpson deceased, due to the Said Peake by Simpson
being Security for the S** Simpspn to m*" Simon Overzee.
Whereas it appeareth to this Court th^ m' Henry Hooper is Gary v.
Indebted unto m*" Thomas Cary Merch* upon Ballance of all ac- ^^P^
counts between the Said Cary and the Said Hooper, the Sume of
five hundred Seventy Eight pounds of Tobacco and Caske, Except-
ing two hundred pounds of Tobacco w^** in the Said account is
Charged for Copper Lace, which is to remain Charged and not —
discompted for upon the Testimony of m*" Thomas Jordan merchant,
which if he the Said m*" Jordan Shall testifie that it is to be Charged p. 400
upon the Said Hoopers accompt, is then to be added to the Said
five hundred Seventy Eight pounds of Tobacco & Caske, The Court
doth order that the Said m*" Hooper Shall Satisfic the Said debt of
five hundred Seventy Eight pounds of Tobacco and Caske with
Coste of Suit or Else Execution.
Whereas it appeareth to this Court that W" Hammington Stand- Collctt v.
eth Indebted unto Richard CoUett in the Sume of three hundred ^*'""*»"K-
pounds of Tobacco and Caske, The Court doth order that the s**
Hamington do forthwith Satisfie the Said Debt of three hundred
pounds of Tobacco and Caske with Cost of Suit or Else Execution.
Nonsuit is Granted unto m*" Hugh Standley in an Action wherein Vcitch v.
the Said Standley is defendant, and lames Veitch plantiffe with Standley
Cost of Suit
Whereas it appeareth to this Court that John Tennis Standeth Lord v.
Indebted unto lohn Lord in the Sume of two hundred fifty and three '^^"""
potmds of Tobacco and Caske by Bill, The Court doth order that
the S** Tenniss do forthwith Satisfie the Said Debt with Cost of
Suit or Else Execution.
Whereas it appeareth to this Court that Thomas Stone is indebted Barbery v.
unto Ann Barbery the Sume of two hundred ninety five pounds of ^tone
Tobacco and Caske due by accompte. The Court doth therefore
order that the Said Thomas Stone Shall forthwith pay the Said two
hundred ninety and five pounds of Tobacco and Caske with Cost of
Suit or Else Execution.
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32 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 The Same Court Continued the 17*** of flfeb : 1657 Present as the
^g7/8 day before
Harwoody. Whereas lohn Harwood hath Severall Courts Petitioned this
^"" Court, and Issued forth Severall Writts against William Edin for
Satisfaction for five barrells of Come, Sold by the Said Harwood
to the Said Edin to Satisfie a debt of three htmdred potmds of Tob :
for the use of the Said Harwood to Henry flFox as the wife of the
Said Edin formerly in this Court hath Confessed, And a Reflference
being Granted the Last Court at the desire of the Said Edin unto this
p. 401 Court, and the S** Edin not appearing, The Court doth order that the
Said Edin Shall Satisfie the Said three hundred pounds of Tob**
with two hundred pounds of Tobacco Charge and Cost of Suit or
else Execution, unless the Said Edin do by the next Court make
appeare that he hath Satisfied the Said debt to the Said ffox.
Ewensv. Whereas Cap* William Ewens Adminisf of the Estate of Cap*
Johnson lohn Barriflfe deced hath Petitioned for a debt, of one hundred Sixty
and nine pounds of Tobacco and Caske due by Bill, unto the Said
Barriflfe deceased from Cornelius lohnson. And the Said lohnson
alledging that he Served the Said Barriflf one month, for which he
Sayeth that he never Received Satisfaction as he Can prove by
Arther Wright The Court doth therefore Order that if the S^
Wright do Testife that the S^ lohnson did Serve the Said Barriflfe
And that to his knowledge he never reced Satisfaction, then the
Said lohnson to have in his Bill for Satisfaction for his Service So
performed to the Said Barriflfe, or Else the Said lohnson to Satisfie
the Said Debt of one hundred Sixty nine pounds of Tobacco w***
Cost of Suit
Smith V. Whereas Richard Smith the last Court obtained an order for
Cockerell Attachment against the Estate of lohn Cockrell to a Legall Determi-
nation this Court, for a debt of two hundred Seventy and one
pounds of Tobacco And the Said Smith Suing for order from this
Court for Judgment upon his Attachment, And the S** Cockrell not
appearing to plead to the Said Attachm* upon the oath of the Said
Smith, and Thomas Bellcher th* the Said debt is Due, The Court
doth order that Satisfaction be made out of Such Goods as were
So Attatcht with Cost of Suit, or Else Execution.
Setmof V. Whereas Thomas Seamor arrested to this Court m" lane Elton-
Eltonhead j^^^^ f^^ ^ ^^^^ ^f s^ven hundred and twenty pounds of Tobacco
and Caske due by Bill, The Court doth order that the Said m"
p. 40a Eltonhead Shall Satisfie the Said Debt of Seven hundred and
twenty poimds of Tobacco and Caske with Cost of Suit or Else
Execution.
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Provincial Court Proceedings, 1657-8. 33
Whereas Thomas Stone hath Sued to this Court, in behalfe of Lib. B. No. 3
Cap* W"» Stone for a debt of Eight hundred Eighty and five pound cJj^^uuj
of Tobacco and Caske being the remainder of a Bill of three thous-
and one hundred ninety and nine due October 1654 from lohn
Cornelius, and the S** Cornelius discompting upon oath three hundred
Eighty and Seven pounds of Tobacco allowed by the Court, and to
be deducted out of the Said debt of Eight hundred Eighty five pounds
of Tobacco, The Court doth order that the Said lohn Cornelius do
Satisfie the Remainder of the S** Bill being four hundred ninety and
Eight pounds of Tobacco w*** Cost of Suit or Else Execution.
Whereas it appeareth to this Court th* m' Hugh Standley is in- |"}^^ *"^
debted unto Richard Smith and Thomas Bellcher the Sume of one sundl^^
Thousand Twenty and nine pounds of Tobacco & Caske by accompt,
and acknowledged by the S** Standley in Court The Court doth
order that the Said m*" Standley do Satisfie the Said debt of one
Thousand twenty & nine pounds of Tobacco and Caske w*^ Cost of
Suit or Else Execution.
Whereas Aron lacobson hath Petitioned this Court against m*" jacobson v.
Hugh Standley for a debt of four hundred pounds of Tobacco and Standley
Caske due for worke to be done by Albert lohnson And it appearing
to this Court that the S** lohnson is wanting of performing his
worke by four dayes It is ordered that the Said lacobson Copartner
w^** the S^ Johnson do make good the*Said worke to the Said Stand-
ley, and then the Said Standley to Satisfie the Said four hundred
pounds of Tobacco & Caske, or else Execution And the Said lacob-
son to pay Cost of Suit
Whereas Thomas Caiger hath Peticon'd this Court for a debt of Caiger v.
one Thousand three hundred pounds of Tobacco and Caske out of ®*"*"
the Estate of Cap* lohn Barriflf deceased being by Condition for
Service, And it appearing to this Court that the Said Caiger per-
formed but half the time of his Condition, The Court doth there- p. 403
fore order that the Said Caiger Sh^U be Satisfied Six hundred and
fifty pounds of Tobacco and Caske out of the Estate aforesaid, or
Else Execution
m' Emperor Smith having acknowledged a Judgment unto m' lohn Lawson v.
Lawson for a debt of four hundred pounds of Tobacco and Caske, ^™**^
due to the Said m' Lawson as Attorney to his Brother m' lohn
Collins, The Court doth order that the Said Smith forthwith Satisfie
the Said debt of four hundred pounds of Tobacco and Caske with
forbearance and Cost of Suit, or Else Execution.
M" Jane Eltonhead Craveing a Reflference (by reason of the non Smith y.
appearance of her Wittness) in a Suit wherein Richard Smith was Eltonhead
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34 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 plantiflf and She the Said M" Eltonhead defend* The Court doth
grant a Refference in that Suit untill march next, then to be finally
Determined.
Icldn V. Refference is Granted between lames Mullekin plf* and m' Henry
ZouTsey Qoyrsey defendant untill march next
mith V. Whereas Richard Smith hath Petitioned this Court for a debt of
Brooke three hundred pounds of Tobacco and Caske due from m' Michaell
Brooke by Bill, and the Said m' Brookes acknowledging the Said
Debt, The Court doth order that the Said m"" Brooke do Satisfie the
Said debt with Cost of Suit or Else Execution.
oopcr V. Refference is Granted (with the Consent of both parties) unto m'
Norton Tobias Norton in a Suit depending between m' Henry Hooper
plantiff and him the Said Norton defend* untill the Court to be
holden in March next.
tidsev. Refference is Granted untill march next in a Suit depending
joWy between Timothy Guttridge plantiff and lames lolly defendant
jwell V. Nonsuit is Granted unto Cap* Sampson Waring Attomy of
Morgin Thomas Stagewell ag* Cap* Phillip Morgin w*^ Cost of Suit
kwith V. Nonsuit is Granted unto George Beckwith against Ann Mad-
faddock dookes with Cost of Suit.
igwellv. Nonsuit is Granted unto Cap* Sampson Waring Attorney of
»®^P^5 Thomas Stagwell against lames Tompson with Cost of Suit
Wattf V. Thomas Plott aged twenty one yeares or thereabouts Swome and
rrlngton Examined in open Court Sayeth, That the Cannoe in dispute between
Alexander Watts and William Dorrington he this Deponent doth
know to be Alexander Watts, Ever Since the Said Watts bought
the Said Cannoe of an Indian which is about one year and a half
Since, And farther this Deponent Sayeth not Signum
Thomas X Plott
iarr€tt v. Whereas m' Michael Brooke Attorney of William Barrett hath
larwood Petitioned this Court for Seven hundred and Seventeen pounds of
Tobacco and Caske w*** forbearance for one year, wherein Phillip
I larwood Standeth indebted by Specialty for the payment of the
Same. The Court doth order that the Said Harwood Shall forthw*^
Satisfie the Said debt with Cost of Suit and forbearance or else
Execution
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Provincial Court Proceedings, 1657-8. 35
Robert Patterson aged forty yeares or thereabouts Swome and lib. B. No. 3
Examined Sayeth that he this Deponent was present when David ^^ ^^"^
flfarera Looked upon two hogsheads of Tobacco of m*" William
Berrys which was in or about may last, And this Deponent farther
Sayeth, that the Said Tobacco which the Said ffarera viewed was
then Sound and Good, onely a Little Damnified (the one of them)
in one of the loynts of the Slaves, that Hogshead not being Qosely
loynted. And farther this Deponent Sayeth not
Signum
Robert A Patterson
Phillip Harwood Swome and Examined in open Court Sayeth, Hooper v.
that he this Deponent, about two months after that Tobias Norton Norton
had bought a Servant named Christopher of m' Henry Hooper, he
the Said Norton Coming Down to m^ Hoopers house, where this
Depon* then Lived, asked the Said Norton how he Liked his Said
Servant, the Said Norton Replyed that he liked him well enough.
And farther this Deponent Sayeth not
Signum
Phillip P Harwood
Whereas m' William Berry Attourney of Aron lacobson hath Jacobson v.
Petitioned this Court for a debt of Six Hundred pounds of Tobacco Cornelius
and Caske due to the Said lacobson from lohn Cornelius for worke
and building. And the Said Cornelius AUedging that the Said lacob- p. 405
son hath not performed the Said Building, according to Condition
but not proveing any Condition, The Court doth therefore order that
Cap* Henry Keene and lohn Tayler Shall view the Said worke and
building So built and performed by the Said lacobson, and his
Copartner AUbert lohnson And that the Said lohn Cornelius Shall
forthwith Satisfie luito the Said lacobson Soe much Tobacco as the
Said Cap* Keene and lohn Tayler Shall in their Conscience to the
best of their ludgment adjudge due to him the Said lacobson for
the Said work and building with Cost of Suit or Else Execution.
lohn Cornelius being Convicted of Swearing in open Court, The Re Cornelius
Court doth order that the Said Cornelius pay tenn pounds of To-
bacco according to Act of Assembly Provided in Such Cases to
publique use.
M' Henry Hooper having been Convicted of Swearing in open Re Hooper
Court, The Court doth order that the Said m' Hooper pay tenn
pounds of Tobacco to publique use, according to Act of Assembly
in Like Cases Provided.
Whereas Mary Dammarell hath Petitioned this Court for Some Rc Estate of
Speedy Course for her Safety may be taken for the Settlement of DammarcU
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36 Provincial Court Proceedings, 1657-8.
Lib. B. No. 3 the Estate of her husband late deced and to discharge herself from
the Sundry Engagements wherewith the Said Estate is burthened,
The Court doth order that the Said Mary Dammarell do Cause the
S** Estate to be lustly appraized, and to bring in a lust and true
Inventory thereof at the next Court to be holden in march next, And
m' Richard Collett and m' George GoUding, are hereby Impowered
and appointed to be appraizers of the Said Estate and to discharge
themselves, upon their oathes at the Court foresaid, Concerning the
Estate So appraized
p. 406 Be it known unto all men by these presents that I Thomas lordan
ffd>ruary the of London merchant have, made ordained, and by these presence
Attorney in my place and Stead put and Constituted, Richard Hix of Putuxent
from River in the Province of Maryland Carpenter my True and Lawfull
Jordan Attorney, Giving and by these presents Granting imto my Said
Attorney, full power and Authority for me and in my Name, and
for my use, to ask demand Levy, recover and receive of all Such per-
sons within this Province of Maryland, or of their heirs Executors
Administrators, or Goods, Effects, Plantations, Chattels Catties
Actions and Creditts, wheresoever he they or any of them are, or
Shall be found. All Such Sume or Sumes of Tobacco, and all other
things whatsoever, the Said persons are oweing and Indebted unto
the Said Thomas lordan for what Cause or reason Soever the Same
be, and of the Receipt to give acquittances in due forme, and if
need be by reason of the premisses, to appear in any Court of Justice,
there to Sue, Implead, arrest, Seaze Sequester, attatch. Imprison,
and Condemn, and out of Prison to deliver, and Generally in and
Concerning the premisses to do all things, which I my Self might,
or Could do being personally present, with power to Substitute one
or Attomejrs imder him with Like or Limited power. And I the Said
Thomas lordan doth promise to hold firme and Valid all th* my S**
Attorney and his Substitutes Shall Lawfully do, or Cause to be done
in, and about the premisses, In Wittness whereof I have Sealed and
Signed these presents this Thirteenth day of flfebruary 1657
Tho: lordan
Signed Sealed and Delivered in the
p^'sence of Rich : Smith Giles Sadleir
Power of Know all men by these presents that I Walter Senserfe of London
Attorn«|of Mariner master of the Ship King David of Yarmouth have Costi-
*^ scrfc tuted. Authorized Deputed and appointed, and by these presents do
Constitute Authorize, depute, and appoint my Loveing ffriend Wil-
p. 407 Ham Berry of the County of Putuxent in the Province of Maryland
planter, my True and Lawfull Attorney to all Lawfull intents and
purposes in all busienesses relateing either to me or any Estate of
mine within this Province ; Giving unto my Said Attorney, full, free,
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Provincial Court Proceedings, 1657-8. 37
and absolute power to demand and receive for my use any debts Lib. B. No. 3
whatsoever due and belonging unto me within this Province of
Maryland either by Bill or accompt, and Likewise to acquitt and
discharge any person or persons upon payment And Likewise I do
by these presents give unto my Said Attorney full power to arrest,
Implead and recover by Law any debts belonging unto me, as alsoe
to Compound Release or Sett at Liberty any person or persons
whatsoever in any Suit action or actions, wherein I either am or
hereafter may be any wayes Concerned, Giving unto my Said
Attorney, as full power in all and Singular the premisses as any
Attorney whatsoever hath, or ought to have hereby Ratifying and
Confirming whatsoever my Said Attorney Shall do in the premisses,
as fully to all intents and purposes, as if the Same had been done by
my Self, He my Said Attorney Rendring me a lust and true accompt,
of whatsoever he Shall do and receive touching the premisses by
vertue hereof. Given under my hand and Scale this Thirteenth of
ffebruary Anno Dom : one Thousand Six hundred fifty and Seven
Signed Sealed and Deliver Walter Senserf
in the p''sence of us
Ri : Preston W Sinclere.
Thomas Turner
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Liber. CECILIUS CALVERT, LORD BALTIMORE,
P. C. R.
Lord Proprietary.
JOSL\S FENDALL,
Governor.
p. I RECORDS OF THE PROUINCIALL COURT FOR THIS
^ 1^58 PROVINCE OF MARI. LAND BEGINNING THE FIUE
^^ & TWENTITH OF MARCH ANO DNI 1658.
Eltonhead v. Edward Eltonhead one of th* Masters of the Chancery p* Attorn.
Eltonhcad ^e j^o^Me j^gj^ ffendaU Gou« of this Province de[man]deth of
Jane Eltonhead, the Relict of Will" Eltonhead of this Province, a
Debt of one hundred & Twenty pounds Sterl. due By Bond, from
her late husband. Eod. Writt to th* Sheriffe of y* County of
Caluerton to arrest &c : Ret : att th* next Prouinciall Court to bee
held att S^ Leonard th* County afores* 26** Aprilis next
March 28 Will" Dorington desyres warr* agst John Cornelius [in] an
Donngton v. ^ccou of th« case
Cornelius
Writt to th* Sheriffe of th* County of Caluerton to arrest &c Ret :
at th* next Prouinciall Court to be held att S* Leonards in th* County
afores* 26** Aprilis next.
Overzee v. Symon Ouerzee demandeth Jivai^ agst John Cornelius in accon
Cornelius of Debt
warr* To the Sheriffe of th* County of Caluerto[n] to &c :
retur. Eod. ut Supra.
Overzee V. Symon Ouerzee demandeth warr* agst Phillip Land o[f [S*]
Lan^l Maryes, in an accon of Debt.
Warr* To th« Sheriffe of th« County of S* Maryes to &c : ret Eod.
vt Supra.
Overzee v. Symon Ouerzee demandeth warr* agst lohn in an
accon of Debt
warr* to th* Sheriffe of
March 28 Symon Ouerzee demandeth warr* agst Richard Foster, in an
Overzee v. accon of Debt.
Foster
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Provincial Court Proceedings, 1658. 39
Warr* to th« Sheriffe of S* Maries County to arrest &c : Ret. next Liber
Provinncial Court to be held att S* Leonards in th* County of ^'^' ^*
Caluerton 26** Aprilis
Symon Ouerze demandeth warr* agst Andrew Watson in an Ovcrzcc v.
accon of Debt. ^*^°
Warr* to th* Sheriffe of S* Maries to arrest &c : Ret. eod. next
Prouinciall Court, ut Supra.
Cap* Will" Stone demandeth warr* agst John Harwood in an Stone v.
accon of the Case.
Warr* To th« Sheriffe of S* Maries County to arrest &c : Ret Eod.
ut Supra.
Cap* Will*" Stone demandeth warr* agst Edward Claxston in an Stone v.
accon of the case. Qaxston
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret. Eod.
ut Supra.
Cap* Will" Stone demandeth warr* agst Martin Kerke in an Stone v.
accon of Debt. ^*^^*
Warr* to th* Sheriffe of S* Maries County to arrest &c : Ret Eod.
next Prouinciall Court ut Supra.
Henry Coursey demandeth warr* agst Richard Smith of Pikaio- Courscy v.
waxen in an accon of Debt. ^"***^
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret Eod.
ut Supra.
Cap* Thomas Comewalleyes demandeth warr* agst Samuel Parker C6m-
in an accon of Debt Ret. Eod. ut Supra. iSJlS^ ^*
Warr* to the Sheriffe of S* Maries County, to arrest &c: Ret eod.
next Prouinciall Court ut Supra.
[Capt. Thomas Comew]aylleys demandeth warr* agst lohn Com-
Cap* Thomas Comewalleys demandeth warr* agst Thomas Kennis p. 3
in an Accon of Debt ^kSS^
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court to bee holden att S* Leonards in the County of
Caluerton 26® Aprilis
Cap* Thomas Cornewalleys demandeth warr* agst Richard Shep- Corn-
pey in an accon of Debt ^Shcppcy
Warr* to th« Sheriffe of S* Maries County to arrest &c : Ret. Eod.
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40 Provincial Court Proceedings, 1658.
Libcr Cap* Thomas Cornewallcjrs demandeth wan* agst George Good-
^' Sra^ erick in an accon of Debt
waUorcs v. WaiT* to th« Sheriffe of S* Maries County to arrest &c : Ret. Eod.
Goodenck -^
Boremanv. Will™ Boreman demandeth warr* agst John Chayrman in an
Chayrtnan ^^^^ ^f ^^ q^^
Wan* to th« SheriflFe of S* Maries County to arrest &c : Ret. Eod.
Boreman v. Will*" Boreman demandeth warr* agst Francis Brookes in an accon
Warr* to th« Sheriffe of S* Maries County to arrest &c : Ret. Eod.
March 29 Whereas it appeereth uppon Record That Phillip Land entred
^* cl?bte^ ^^^^ (^"^ Septeb^ 1655) w*^ a demand of AdmistraSn of the
[Vide 10 personall Estate of John Crabtree deceased; And noe other demand
^^^^] appeering uppon Record from any clayming thereto. The Secretary
hath thought fitt to graunt Lres of Admistraon unto the s** Land.
according to his demand. The sayd Crabtree being [indebted] unto
th* s** Land, in the Summe of Three Thowsand & Thirty pownds of
Tob : & Cask, to conte)me th* same.
Lre of Admistraon to Phillip Land.
Caecilius Absolute Lord & Proprietary of th* Prouince of Mary-
land & Avalon, Lord Baron of Baltemore &c: To Phillip Land of S*
Maries in the County of S* Maries Principall Cred* of John Crabtree
Deceased late of this Province Carpenter, Greeting
Whereas John Crabtree deceased Dyed w%ut any Will . . . unto
yo" th* s* Phillip Land of ... & authority to admister . . . s**
deceased. And well . . . collect, Leuy & . . . [ma]nner of Debt &
Debts due & oweing to the s** Deceased. And out of th* goods
p. 4 Debts and Chattels of th* s^ Deceased w*** haue, may, or shall come
to yo"" hands, or possession well & truly to pay the E)ebts, due by th*
s^ Deceased, soe far forth as th« same shall thereto extend, & th«
Law will charge yo" according to th* true ualew & summe thereof ;
Yo" hauing first taken your Oath well & truly to Admister th* same.
And to make or cause to bee made A True & perfect Inuentory of All
& singular the Goods Chattels, & Debts of th* s** Deceased, w*** haue,
may or shall come to yo' hands, possess" or knowledge. And allso a
True & iust Accompt in & concerning yo' Admistradn therein. And
to exhibite both into the Office ffor Probate of Wills & Graunting
Admistraons lawfully authorized. Touching w*^ Inuentory yo" are
assigned to performe att or before the first day of Septemb"" next
ensuing. And an Accompt when yo" shall bee therto lawfully
requyred. And lastly wee doe hereby constitute, ordaine, & appo)mt
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Provincial Court Proceedings, 1658. 41
yo" th* s^ Phillip Land Admistrato* of all & singular the goods, Liber
chattells & Debts of th* s* Deceased Gsruen att S* Maryes under the ^- ^- ^
Seale of o* Prouince of Maryland this nine & Twentith day of
March, in th* six & Twentith yeare of o' Dominion ouer th* s**
prouince or Maryland Anog Dni. 1658
Wittnes Our Secretary of y* s* Prouince.
Phillip Caluert Seer.
The same Day came Phillip Land, & acknowledged himselfe
indebted to the Lord Proprietary of this Prouince of Maryland Ten
Thowsand pownds of casked Tob : In case hee doe not make or cause
to bee made a True & p*fect Inuentory of all & singular the Goods,
chattells, & Debts of John Crabtree deceased, w*** shall or may come
to his hands, posses" or knowledge. Nor the same doe exhibite into
th* Office for Probate of Wills, & Graunting Admistrations before
th* first day of Septemb' next; (unlesse uppon iust demand, longer
time bee graunted him by the Secretary) Nor the same Goods, Chat-
tells and Debts, doe well & truly admister. That is to say. Doe not
pay th* Debts of th* s** Deceased, w** hee did owe att his decease, as
far as th* s^ goods, Chattells & debts will extend & th* Law charge
him. Or if hee shall not make a true & iust . . . when hee shall bee
thereto lawfully requyr[ed] . . . [rem]ainder of th* s** goods & chat-
tells] ... & allowed in th* s* Office ... by th* Judge or Judges
of th* s* Crabtree shall appeare ; & the Exequuto* or Exequuto** p. S
therein named doe exhibite the same, making request to haue the
same approved accordingly : Then if hee doe not after Request to
him lawfully made render & deliuer up his Ires of Admistraon into
th* s** Office. Or shall not att any time acquitt, discharge & saue
harmelesse the Secretary & all other Officers impowred to th* graunt-
ing of Ires of admistraon agst all persons hauing or pretending to
haue any right, tjrtle, or interest in & to th* s* goods, chattells, &
debts. Witness my hand this 29** March Ano Dni 1658
Phillip Land
Recognit Coram me Will"* Bretton Cik.
John Crabtrees Ire to M"" Ouerzee.
M^ Ouerzee & Worthy S'
I hearing yo" were att S* Maries, had thought to haue come to yo"
to have receaued satisfaction of yo" for the money & Tob. you owe
mee for my work, & my mans about yo'" howse. But by reason of
sickness I am not able to come att present. Therefore I haue ap-
pO)mted M"" Phillip Land to receaue it of yo" And doe by these
p*nts assigne all my right & tytle of the man & Tob : due to mee
from yo'' for my worke & my man's to th* s^ Land. I being indebted
to him neare Three thowsand pownds of Tob : & cask due by Bill &
ace* And pray when yo" pay him, take in my Bill & his Receipt
shall be yo' sufficient discharge from mee. S' yo" know I haue bene
a great while w^'^out my pay, w^^ hath bene a great hinderance to
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42 Provincial Court Proceedings, 1658.
Liber mee in setting my family, & hath put mee to great straights for want
P. C R. Qf i^ Therfore I hope I shall bee noe longer delayd : for I doe not
loue troble, if I can auoyd it The money yo" know wee agreed for
betwixt Will" Howes & my selfe w*^ yo" was fine & fifty pownd
Sterl. in England & five thousand pownds of Tob. & cask here in
Maryland. Soe if I haue but halfe for my selfe & my man yo"
are to pay mee Seauen & Twenty pownds ten shillings sterl in Eng-
land & Two thowsand fine hund* pownds of Tob. & cask here. And
what Tob. yo" haue payd for mee out of it, M"" Land will allow out
of [sjomme M' Land tells mee hee hath promised th^ I shall come &
giue . . . worke about la)ring yo' flooers of yo' howse: w** I am
prouided yo" . . . M' Land w*** out farther trouble my pea . . .
& I shall bee . . . yo" as . . . good
Land, Phillip Land Admistrato* of the Estate of John Crabtree demand-
'^On"* ^' ^^ warr* agst Symon Ouerzee in an accon of th* case to th* ualew of
p. 6 Twenty seauen pownds. Ten shillings sterl. & Two Thowsand fine
hund^ pownds of Tob :
Warr* to th* Sheriffe of S^ Maries G>unty, to arrest &c: Ret
next Prouinciall G>urt, to bee held att S* Leonards in the County of
Caluerton 26** Aprilis next
Subp. to th* Sheriffe of Caluerton County to wame Edward Good
Will" Howes, & Will" Hempstead to testify their knowledge in
an accon depending betwixt Phillip Land Admistrato* of John Crab-
tree, & Symon Ouerzee, & touching the bargaine betwixt him the s*
Ouerzee & Crabtree. att th* next Court ut Supra.
Land v. Bale Phillip Land demandeth warr^ agst Will" Bale in an accdn of
debt to th* ualue of Two Thowsand Nine hund* Twenty & Two
pownds of casked Tob. due by Bill.
Writt to the Sheriffe of S* Mary's County to arrest &c: Ret Eod.
ut supra
Land v. Phillip Land demandeth warr* agst Robert Sheale in an accon of
Sheale j^^^^ ^^ ^^ ^^^ ^£ Tjurteene hund^ & sixty pownds of casked Tob.
due by Bill & acc^
Writt to the Sheriffe of S* Maries County to arrest &c : Ret Eod.
Subp. to the Sheriffe to wame M"" John Lewger to testify in ditta
caaRet Eod.
Land v. Phillip Land demandeth warr^ agst Will" Marshall in an accdn
Marshall ^f ^^ ^^3^^ ^^ ^j^g u^Jue of Two Thowsand six hund** pownds of
Tob&c:
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret Eod.
Land ▼. Phillip Land demandeth warr* agst Will" Moffett, in an accon
Mo£Fett Qf ^g cagg^ tQ ^g ualue of fiueteene hund^ pownds of casked Tob.
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Provincial Court Proceedings, 1658. 43
Warr* to the Sheriffe of the County of Caluerton to arrest &c : Liber
Ret. Eod. P- ^- ^
Phillip Land demandeth warr* agst Emperour Smith in an accon Land v.
of Debt to the ualue of ffowre hund"* & Three pownds of casked ^"'**^
Tob: due by Bill.
Warr* to the Sheriffe of [the County of] Caluerton to arrest &c :
Ret. Eod. . . .
In the name of God Amen. I lohn Greenewell of New-Towne April i
in the Prouince of Maryland, being very sick of Body, but in perfect ?^^j^ Green-
memory (thanks bee gyuen to Allmighty God) doe make & ordaine well's Will
this my last will & Testam* as foUoweth. Imp* I bequeath my Soule
to Allm^ god my Creato* & Redeemer ; And my Body to the earth,
to be decently buryed.
It. I giue unto my louing Sonne James Greenewell (whom I make [N<>*inBald-
my Exequuto* after my debts & funerall charges are payd) all my ^*of Md'
whole Estate, Except these following Legacyes. Wills]
I giue unto my louing Wife Bridgett Greenewell all her wearing
cloathes her bed & furniture; halfe the stock of hoggs; halfe the
Steeres & fower Cowes. And the managing of the whole Estate
untill my Sonne comes of Age. If my Ouerseers shall soe thinke fitt.
It I giue unto my God-daughter Anna Warren a Cow calfe.
It. I giue unto M"" ffitz herbert a hogshead of Tob. in testimony
That I dye a Roman Catholique.
It. I make & ordaine my two loving f reinds Cap* Will" Euans &
M*^ James Langworth to bee Ourseers to my Child, And in case my
Child dye before he comes to age. I give unto the Ouerseers One
third part of his Estate betwixt them, And the rest to be disposed of
to pious uses: as for the releife of poore Catholique Children & the
like.
In wittnes th* this is my last will & testam* I haue hereunto sett
my hand. March the 27® 1658.®
John f Greenewell
In the presence of his marke
Walter Hall
John $ Shirtcliffe
his marke.
Thomas Bankes,
^r Will" Bretton I doe hereby authorize yo" to take such deposi-
tions, as you shall be requyred to take by Cap* Will" Euans, & M'
lames Langworth touching the probate of the will & Inuentory of
the estate of John Greenwell deceased, & for soe doeing this shall
bee yo^ warr* Apr : 2^ 1658
Philip Calvert Judge in Testamentary Causes
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44 Provincial Court Proceedings, 1658.
Liber Walter Hall examined, maketh Oath That hee this Depon* wrote
^Apiil^i this will of John Greenwell 2 or 3 dayes before hee dyed. And th*
the s** John Greenwell sign . . . will in this Depon^ neiw ; hee this
Depon* putting his hand . . . last will & Testam* of the s* . . .
further sajrth not
Walter HaU
p- 8 Thomas Banks examined eod. die. maketh Oath That he this
Depon* was present, when John Greenwell signed this will, hee this
Depon* allso signing it w*^ his owne hand, as a wittnes.
Jurat Cora me Will" Bretton. Thomas Banks
John Shirtcliffe deposeth idem, uerbatim, quod Thomas Banks,
ut supra John $ Shirtdiffes
Jurat Cora me Will" Bretton. marke.
Hussor ▼. Thomas Hussy, p* Attomat John Lewger demandeth warr* agst
Hammond Anne Hammond, in an accon of debt to the ualew of thirteene
himd^ pownd of Tob. & cask, due by Bill.
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court, to be held att S^ Leonards in the Coimty of
Caluerton 26** Aprilis next.
G>ursey v. Henry Coursey demandeth warr* agst Michael Baysey in an accdn
Bayscy ofDebt
warr* to the Sheriffe of Caluerton Coimty to arrest &c : Ret next
Prouinciall Court ut supra 26** Aprilis next.
Pendleton V. Thomas Pendleton demandeth warr* agst Sampson Waring in
*™^ an accon of Debt to the valew of Twelve hund** pounds of Tob.
warr* to the Sheriffe of Caluerton County to arrest &c : Ret next
Prouinciall Court ut Supra. 26** Aprilis
Subpane to the Sheriffe of Caluerton County to wame, & cause
Will mac Doell to appeare, & testify his knowledge in this suite.
Sheriden v. Thomas Sherridon demandeth warr* agst Robert Blinkhome in an
Blinkhorae accon of the case.
warr* to the Sheriffe of Caluerton County to arrest &c: Ret ut
Supra
Ashcombe v. John Ashcombe demandeth warr* agst Cornelius Johnson in an
Johnson ^^^5^ of Debt, to the valew of 700* Tob.
warr* to the Sheriffe of Caluerton County to arrest &c : Ret ut
Supra
Ashcombe v. John Ashcombe warr* agst Abdalla Martin in an accon of Debt
^^'"^ to the ualew of 706* Tob . . .
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Provincial Court Proceedings, 1658. 45
Dauid Ferreira demandeth warr* agst Mathew Smith in an accon Liber
of the Case. Fii^dSv.
warr* to the Sheriffe of Caluerton County to arrest &c : Ret. next Smith
Prouinciall Court to bee held att S* Leonards in the County of ^' ^
Caluerton afores^ 26® Aprilis next
Subpena inde to the Sheriffe ut Supra to wame Michael Baysey &
Joane Baysey his wiffe, to testify their knowledge in ditta caa
Ret ut Supra.
Walter Hall demandeth Attatchm* uppon the Estate of Cap* Will*" April s
Mitchell to the valew of Seauen hundred twenty & Scauen pownds Sitchdl
of Tob & cask iust Debt, due by couenant or Bill imder his hands,
Alio 1653® & not yet satisfyed, w*^ costs & dammages.
Attatchm* to the Sheriffe of S* Maries County to attach &c : to
the ualew of fowrteene hund^ & fifty pownds of Tob. & cask Ret. att
the Prouinciall Court to bee held in Septemb' next
Know all men by these p^nts th* I Luke Barber of the prouince of Power of
Maryland Physitian, haue orda)med, constituted & appo)mted my ^"^^'^^ice
louing f reinds Randall Henson & Thomas Banks & by these p*nts I Barber
doe ordeine, constitute & appo)mt the s^ Randall & Thomas my true
& lawfuU Attorneys, for me & in my name, & to my proper use &
behoofe to aske, sue for, leuy & recouer all bills, debts, dues &
accounts whatsoeu* of, or belonging to mee the s^ Luke Barber,
As allso for mee & in my name & absence to take into their possion
all & euery p*ticular of my Estate (Viz) land, howses, cattle, horses,
hoggs, howsholdgoods, or any other thing or things whatsoeu* of or
belonging to mee. And them to possesse till my retume from Eng-
land or further order from mee, or my heyres or assignes therein.
As allso to implead, imprison & ... of prison againe to deliuer any
persons indebted to mee. As allso after paym* to giue full releases
& discharges. And likewise to possesse themselues of & w*^ any
Cargoe of goods or Seruants, or any thing th* shall in my absence bee
sent mee out of England. & to order & dispose thereof according,
to my priuate instructions gyuen to them from mee under my hand,
W*** instructions is allso to bee their rule & warr* for ordering, or
disposing of any & euery thing herein mentioned W** power &
Authority I doe hereby these p*nts ratify & confirme in as full &
ample manner, as if I my selfe were then & there actually present, att
the doeing or disposing of any thing herein mentioned. To the true
performance of which I the s* Luke [Barber] have hereunto sett my
hand this 15 of ffebruary 1657
L. Barber.
Testes Will" Re Fox
John ; ^^"^^
... of Henry ffox . . . Poesy deceased . . . Bill & 900*
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46 Provincial Court Proceedings, 1658.
Liber This Day came Walker Hall of Newtowne & acknowledged him-
Rc ^t^ Sf ^^'^ indebted to the L^ Proprietary of this Prouince in the summe
Posey of Sixteene hund^ pounds of Tob. in case hee doe not make or
P* '® cause to be made, a true & p*fect Inuentory of all & singular the
goods, Chattels & Debts of ff rancis Poesy deceased, w** shall or may
come to my hands, posses" or knowledge. Nor the same doe exhibite
into the Office for Probate of Wills, & Graunting Admistradns,
before the first day of Septemb' next (unlesse uppon iust demand
longer time be graunted him by the Secretary) Nor the same Goods,
Chattells & Debts doe well & truly admister That is to say, Doe not
pay the Debts of the s"* deceased w*** hee did owe att his decease, as
far as the s^ Goods, Chattels, & Debts will extend, & the Law charge
him. Or if hee shall not make a true & iust accompt of & uppon his
s** Admistraon when hee shall bee therto lawfully requyred. Or
shall not distribute & dispose the remainder of the s^ Goods &
Chatties, w^ shall be fownd uppon his s^ account, examined & al-
lowed in the s^ Office, in such manner & forme as hee shall bee
limited & appo)mted by the Judge or Judges appo)mted & authorized
in th* behalfe. And in Case any last Will & Testam* of the s** Poesey
shall appeare & the Exequuto* or Exequuto** therein named doe
exhibite the same, making request to haue the same approued ac-
cordingly. Then if he doe not after request to him lawfully made
render & deliuer up his Ires of Admistraon into the s** Office. Or
shall not att any time acquitt discharge & saue harmdesse the
Secretary & all other Officers impowred to the graimting of Lres of
Admistra5n agst all persons hauing or pretending to haue any right,
tytle, or interest in & to th* s^ goods Chatties & Debts. Witness my
hand this Sixt Day of Aprill. Ano Dni 1658
Walter Hall.
Recogn Cora me Will" Bretton
It is Ordered th* the Lres of Admistraons bee forthw*^ drawne.
Lre of Admistraon'
to Walter Hall for
Poesy's estate.
Cecilius Absolute Lord & Proprietary of the
•Prouinces of Maryland & Aualon Lord Baron
of Baltemore & To Walter Hall of Newtowne
in the County of S* Maries, Principall Cred"" of ffrancis Poesey De-
ceased, late of this Prouince Planter Greeting, Whereas ffrancis
Poesey deceased, dyed w*^ out any Will, We doe therefore Graunt
unto yo" the s^ Walter Hall of Newtowne in the County af ores^ ffull
power & authority to admister all & singular the goods, chatties, &
Debts of the s^ Deceased : And well & faithfully to dispose of the
same : And to demand collect, leuy, & in Legall manner . . . receaue
All, & all manner of Debt & Debts due, & owing to the s* . . .
of the goods, debts & chattels of the . . . lands or posses'* well &
truly ... as the same, shall therto . . . true value & summe therof ;
p. II yo" hauing first taken yo"^ Oath, well & truly to admister the same.
And to make or cause to be made A True & perfect Inuentory of all
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Provincial Court Proceedings, 1658. 47
& singular the goods, Chattels & Debts of the Deceased, w*** haue, Liber
may, or shall come to yo' hands, posses" or knowledge. And allso a P- C. R.
true & iust Account in and concerning yo' admistraon therein. And
to exhibite both into the Office for Probate of Wills, & Graunting
Admistraons lawfully authorized. Touching w*^^ Inuentory yo" are
assigned to performe att or before the first day of Septemb^ next
ensuing. And an account when yo" shall bee therto lawfully re-
quyred; And lastly wee doe hereby constitute, prdaine & appo)mt
yo" the s^ Walter Hall Admistrato* of all & singular the goods,
Chatties & debts of the s** Deceased G)ruen att S* Maries this Sixth
day of Aprill, in the Six & Twentith yeare of Our Dominion ouer
the s^ Prouince of Maryland Anoq Dni 1658 Wittnes Our Secre-
tary of Our sayd Prouince.
Philip Caluert Seer.
To all Christian poeple to whom this present writing shall come. Deed from
Know yee th* I Will" Styles of the prouince of Maryland Plant^ ^" ^^^^
haue bargayned & sold, & by these p*nts, doe bargaine & Sell vnto
Robert Shell of the s^ prouince Plant' his heyres, Exequuto**, ad-
mistrato** & assignes One halfe of my now dwelling Plantaon Neare
Brittons Bay as may more planiely appeare by the Patt* thereof. As
allso halfe the cleare Land, as well as the Vncleared, w*^ halfe the
dwelling & tobacco bowsing thereon : & one halfe of all other build-
ing or buildings now uppon the s^ Plantaon, & the one halfe of all
other thing or things, w^^ properly belong unto the s** plantaon. And
doe bind my selfe, heyres, Exequuto** &c : to make good the Sale
thereof, imto the s^ Shell &c : from all iust claimes in Law. Prouided
allwayes, & uppon this condicon neuerthelesse th* the s* Robert Shell
doe well & truly pay, or cause to bee payd unto mee, my hesrres,
Exequuto** &c : the summe of Two Thowsand pownds of merch*^
tobacco & cask, the next Crop ensuing, & one Thowsand more of the
like Tobaccho about the Tenth day of Octob' in the Yeare One
Thowsand six hund** fifty eight as by Two Bills vnder the sayd
Shell's hand may more plainly appeare. W*'* Tobaccho is in full, for
the paym* of the one halfe of the aboue plantadn w** conteynes in
all one Hundred Acres of Land according to Pattent, unto w** I
putt my hand & Scale this first day of May, One Thowsand Six
hund^ fifty & Seauen.
The marke of
Sealed ... in the O *
pn«ce . . . Will™ Styles The Scale
This day came Philip Land of S* Maries & acknowledged him- p. 12
selfe indebted unto the Lord Proprietary of this Prouince, in the oJSinjtfy
summe of One Thowsand pownds of Tob : & cask. In case the s^ License
Philip Land (for the space of one whole yeare next ensuing the
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48 Provincial Court Proceedings, 1658.
Ltbcr date hereof) shall suffer or permitt, any euill rule or order to be kept
P. C R. jj^ i^jg gd ijQ^g^ ^^ s* Maries especially uppon any the Lords Days
(called Sundays) by gaming or exorbitant drinking, during the
time of Diuine Seruice. Or shall suffer any Seruants or Apprentices
to remaine tipling, or drinking in his howse w^ out their Masters
priuity; or shall Sell or giue such Apprentices drinke, occasioning
their disorder thereby. Or shall sell drinke by retayle, att greater
price then is allowed by an Act of Grail Assembly Prouided in that
behalfe Phillip Land :
Recognit Cora me Will" Bretton.
Philip Caluert Esq'' one of the Priuy Councell of this Prouince of
Maryland & Justice of the Peace, under the R* Hon"* Cecilius Lord
Baltemore Absolute Lord & Proprietary thereof, Sendeth Greeting
in our Lord God euerlasting. Know yee th* I the s** Philip Caluert,
uppon good & credible report to mee made by diuers Inhab** of this
Prouince, That Philip Lsmd of S* Maries in the Pro : of Maryland
afores^ is a Man-Meet to keepe an Inne, or Ordinary in the howse
where he now dwelleth att S* maries, for the conuenience & enter-
tainment of sundry the Inhab** comming & resorting uppon their
occasions to S* maries afores^ Haue licenced, allowed & admitted,
& doe by these p*nts lycence, allow & admitt the s^ Philip Land to
keepe an Inne or Ordinary, for one whole yeare ensuing the date
hereof, Soe th* the s^ Philip Land suffer not any euill rule or Order
to be kept in his s** howse, diuing the time of this his s^ Lycence,
ffor the using of w*** lycence accordingly I the s** Philip Caluert doe
yo" to witt, th* I haue bownd the s* Philip Land in One Thowsand
pownds of Tob, by Recogniz. to the Lord Proprietary of this Prou-
ince. In witness whereof I haue hereimto sett my hand & Scale, this
8*** day of Aprill Ano Dili 1658.
Philip Caluert The * Seale
Ovcrzcc V. Symon Ouerzee demandeth warr* agst Jane Elltonhead in an
Eltonhead accon of the case, to the ualew of One Thowsand pownds of Tob.
Warr* to the Sheriffe of Caluerton County to arrest &c : Ret next
Pro :* Court to be he [Id at] S* Leonards in the County of Caluerton
26** Aprill
— V. Tunnis . . . John Timnis in an accdn of . . .
p. 13 Warr* to the Sheriffe of S* Maries Coimty to arrest &c : Ret next
Prou** Court to bee held att S* Leonards, in the Cotmty of Caluerton
26® Aprill next
Ferriera v. Dauid Ferriera demandeth warr* agst James Jolly, in an accdn of
J®"^ Debt to the ualew of 1306* Tob.
Wan* to the Sheriffe of Caluerto* County to arrest &c : Ret, ut
Supra
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Provincial Court Proceedings, 1658. 49
Dauid Ferriera demandeth warr* agst Will" Ennis in an accon Liber
of Debt, to the ualew of 84^ Tob. & Cask. &rric^' v.
Warr* to the Sheriffe of the County of Caluerton to arrest &c : Ennis
Ret next Prouin* Court. 26** Aprill ut Supra.
David Ferriera demandeth warr* agst Will™ Berry in an accon Ferriera v.
of Debt to the ualew of 966* Tob. ^*^
warr* to the Sheriffe of Caluerton County to arrest &c : Ret. next
Prouinciall Court 26® Aprill ut Supra
Dauid Ferriera demandeth warr* agst John Dauies in an accon Ferriera v.
of Debt, to the ualew of 541* Tob. & cask. ^*^*"
Warr* to the Sheriffe of the County of Caluerton to arrest &c :
Ret. next Prouinciall Court 26® Aprilis next
Richard Smith demandeth warr* agst John Obder in an accdn of Smith v.
Debt, to the ualew of 506* Tob & cask. Obder
Warr* to the Sheriffe of the County of Caluerton to arrest &c :
Ret. next Prouin* Court 26** April next ut Supra.
Richard Smith demandeth warr* agst Emperour Smith in an f^j^v.
r TN 1.^ Smith
accon of Debt
Warr* to the Sheriffe of the County of Caluerton to arrest &c :
Ret. next Prouin* Court 26** April ubi Supra.
Richard Smith demandeth warr* agst Thomas Hopkins in an Smith v.
accon of Debt Hopkins
warr' to Sheriffe of the County of Caluerton to arrest &c : Ret.
next Prouinciall Court 26** Aprilis ubi Supra.
Richard Smith demandeth warr* agst James Veitch, in an Debt to Smith v.
the ualew of 3006* Tob. ^^^"^
warr* to the Sheriffe of the County of Caluerton to . . . next
Prouinciall Court, ut Supra.
Richard Smith demandeth wari* agst Nathaniel Smith v.
accon of [de]bt.
warr* [to the] Sheriffe of the Coimty of Cal[uerton] ... to be
held . . .
Richard Smith demandeth warr* agst John Pott, in an accdn of P- 14
TV.Kf Smith V.
Debt Pott
Warr* to the Sheriffe of the County of Caluerton to arrest &c :
Ret. next Prouinciall Court to bee held att S* Leonards in the Coimty
of Caluerton 26** Aprilis 1658.
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50 Provincial Court Proceedings, 1658.
Libcr John Nicholds aged forty yeares or thereabouts, att the request
^ ^' ^' ^^ Will" Boreman examined, Sayth uppon Oath, That about fiue
yeares since, hee this Dep* assigned to Will" Boreman 300 Acres of
Land in M^ Hatton's howse, & before the s^ M'' Hatton. M*" Hatton
allso gyuing the s^ Boreman a warr^ for the taking up of this Dep**
rights of Land att nangemy, & w^ Cap* Stones, the then Gou**
order: uppon the North East branch of the s^ nangemy Creek, &
on the westerne side thereof. l
Jurat. Cora me Philip Calvert. I
John Nicholds mark
Dorington Will" Dorington demandeth warr* agst Henry Meese Merch* in
V. Mccsc ^^ accon of the Case.
Warr* to the Sheriffe of the County of Caluerton to arrest &c :
Ret. next Prouinciall Court, at S* Leonards 26** Aprilis ut Supra.
April 13 Leiu* Thomas Truman demandeth warr* agst Will" Stephenson
Tniman v. j^ ^^ accon of the case to the ualew of 2000* Tob.
Stevenson
Vide 3 Md. Warr* to the SheriflFe of S* Maries County to arrest &c : Ret next
Archives 340 Prouinciall Court to be held att S^ Leonards in the County of Caluert
26^ Aprill next 1658.
Lindsey v. James Lindsey demandeth warr* agst Benedict Marshagioy in an
Marshagioy ^^^-^ ^^ p^^^^
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret ut
Supra.
Chareman v. John Chareman demandeth warr* agst Will" Boreman in an accon
^^^^"^^^ of the Case.
Warr* inde to the Sheriffe of S* Maries County to arrest &c : Ret.
next Prouincaill Court to be held ut Supra.
Subpoen. to warne James Lindsey, Christopher Jones John Charon
to testify their knowledge in ditta caa. in behalfe of the ptf.
^* W* uon Edmund Lindsey demandeth warr* agst Andrew Watson in an
accon of the Case.
warr* to the Sheriffe of S* maries [Coun]ty to arrest &c: Ret. ut
Supra
Subp[oen. to] Robert Troop . . . Rozier, George Thompson . . .
in ditta caa on the behalf . . .
^ ^^•I''?* Thomas Wills examined sayth uppon Oath, That sometime in
'^ May last, Hee this Dep* being aboard M'' Hunni fords Vessell, Eli-
zabeth the Wife of Robt Robins came on board, w^ some poeple
of New-Towne (as this Dep* thinketh) two or three bowers before
night, & there stayd drinking in the Vessel all th* night. The fores*
p. 15
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Provincial Court Proceedings, 1658. 51
Hunniford assigning her his Cabbin to lye in, & did lye downe Liber
priuately by her, for the space of halfe an howre, And whilst they ^- ^- ^
were thus together This Dep^ heard the s^ Elizabeth utter words to
this effect. Bidding M"" Hunniford be quiett for M' Wills was
awake yett, & further Sayth not
Jurat Coram me Will" Bretton. Tho: Wills
Subpoen. (att the request of Rob* Robins) to wame Christopher
Goodwicker to be att the next Prouinciall Court 26 Aprill to testify
his knowledge Concerning the s^ Robins & his Wife.
Charles Maynard demandeth warr* agst Walter Hall in an accon Maynard
of the Case. "^"
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prou : Court att S* Leonards in the County of Caluert 26^ Apr.
Att a Court held att the Gou" howse in Wicomoco Ryuer. 1658
April ?
^ r Josias Fendall Esq^ Gou' Cap* Will" Stone Ca* : John Price
^ \ Philip Caluert Esq^ Secret. M"^ Tho : Gerard, m^ Rob* Qarke.
Uppon the Demand of M' Job Chandeler & M"" Symon Ouerzee Re Yardley't
touching Co** ffrancis Yardley's Land in Portobacco Creek, The s^ ^****^
Co** Yardleys right being made appeare in Court. The Opinion of
the Court is th* M^ Job Chandeler & M' Symon Ouerzee afores**
haue Patt* for the s^ Land. They being the Assignees of M" Sarah
Yardley, Relict of Co** Francis Yardley afores**
Cap* Will™ Euans, & M^ James Langworth brought the Will of ^«,,9*"^*
John Greenwell before this Court, & shewed th* in the s^ Will it ^^ *
was not sufficiently declared by whom the Estate was to be disposed,
to the defraying of f unerall charges, & paym* of Debts. The Child
being constituted Exequuto*, But not till after Debts & fimerall
charges were defrayed. The Opinion of the Court was That ail-
though they were left as Ouerseers only to the Exequuto* named
(who was under age) Notw'^'standing they might take the Estate
into their hands & pay debts [and] funerall charges. And after
manage the same to the use aduatage . . . till hee . . full age & soe
Ordered accord . . .
Uppon the difference between Cap* Will" Stone, & Will" Boreman Stone v.
touching the s^ Boremans Land att Nangemy. It appearing to this p|^[6"**"
Court, That the sayd Boreman did not legally pursue his warrant
for 400 Acres of Land, w***in the time, in the s^ warr* prescribed.
It is Ordered by this Court That a Pattent immediately be passed to
Cap* Will" Stone of the Land by him demanded. And in regard
That the s^ Boremans right, to soe much Land doth yett remaine
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52 Provincial Court Proceedings, 1658.
Liber unto him. And th^ the Sunicyo* did in his ownc wronge surucy, &
P. C. R. receaue pay for suniey of that Land att Nangemy. It is Ordered
allso by this Court th* the s** Will" Boreman shall haue 400 Acres
in some other conuenient place, & the Surueyo* to lay it out w*N>ut
satisfaction or pay from the sayd Boreman.
Re Antonio's Symon Ouerzee demandeth Lres of Admistraon uppon the Estate
Estate Qf Symon Antonio, as Cred* imto it (Viz) one Thowsand two htmd**
pownds of Tob. due by Bill.
Will"* Boreman demandeth of the Admistrato' of the Estate of
Symon Antonio Ninety nine armes Length of Roanoke.
April 14 M' Jarbo
Re lady's I Joe herd>y authorize yo", to take into yo^ posses" All such Cattle
w*** John Dandy late of this prouince was possessed w*** att the time
of his arreignmS & w** were properly belonging to the s** Dandy, &
of his owne proper marke, & them to keepe in yo' owne custody, for
the L** Proprietaries use, till further Order from me
Josias Fendall.
Stone V. Cap* Will" Stone demandeth warr* agst Bartholomew Philips in
PW*«P» an accon of Dd)t of 350^ Tob.
Warr* to the Sheriflfe of S* Maries County to Arrest &c : Ret next
Prouinciall Court to be held att S* Leonards in the Coimty of Calvert
26® April next
Warren V. Humphrey Warren demandeth Attatchm^ uppon the goods of
Hai Robert HUl to the Valcw of 25^ SterL
Attatchm* to the Sheriflfe uppon, goods, debts, chattek &c: of
Robert Hill (whereto he shall be demanded) Ret June Court next
Etuis v. Qodouetis Mace aged 30 yeares & upwards, att the Request of
Girmrd Capt Will" Euans Deposed this 10*'' August 1657* Sayth as flfoUow-
eth. That he this Dq)* carrying W Bretton's calfes to weane att
such time, as he lyued w^** the s** M"" Bretton (as he ... 7 or 8 yeares
agoe) att Cap^ . . . brought back some other . . . s^ Cap^ Euans.
p. 17 Amongst w*** was one Calfe, w*** Cap* Euans deliuered to John
Norman (he being there actually present) for the sole use of the s**
Normans Daughter in Law, Anne Browne. W^ sayd calfe, the s**
Norman marked, att M"" Brettons Landing, to th* intent, & for his
s* Daughter, W^ Calfe after a yeare or two growing, had a Calfe
att M"^ Brettons, Afterwards leaning th* his plantadn att M"" Brettons
he carryed th* Cow, & her encrease, to the head of the Bay S*
Cements. Afterwards againe he remoued to Longworths Po)mt, in
M"" Gerards Mannor where hee dyed. But since his the s** Normans
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Provincial Court Proceedings, 1658. 53
goeing from M"" Brcttons That G)w aboues** Beareth now anothe' Liber
marke, to that w*^** the s** Norman gaue her, (as he supposeth by -^-^
reason of the last great frost) w*^'' s^ Cow is att this p*nt in M'
Gerards posses" w** the s** M' Gerard claymeth to be his, And
f mther this Dep^ sayth That That Cow w** M*" Gerard now keepeth
& claymeth (by Reason for a nearenes to his marke) is the very
Cow, w** the s** Cap^ Euans deliuered to the s^ Norman for the use
of Nan, as afores^ w*^** hee uery well knoweth.
Jurant Cora me L Barber. Qouis Mace
Bartholomew Phillips Examined sayth uppon Oath That he this
Dep^ was p*nt, when Cap* Euans deliuered a Cow calfe to Jno
Norman for the use of the s** Normans Daughter in Law, named
Anne Browne, W*^ s** calfe was marked att M"^ Brettons landing, by
the s** Norman for the use of his fores^ Daughter, & did remaine
uppon M"" Brettons neck till shee had a calfe. And further th* uppon
One eare it was marked w*** a kind of flowre de Luce ; & the other
eare w^ a dangling peice hanging downe. Thus much he deposeth
Yett he uerily beleiueth th^ That Cow w*** is now in controuersy
betwixt M"" Gerard & Cap* Euans, is That uery Cow; Though he
feareth, & will not depose soe much, for th* one Cow may be like
another, ffor being Demanded by M"^ Gerard, if he this Dep* knew
th* Cow, he made answere. That it was Anne Brownes Cow, as hee
uerily beleiued Barth : + Philips
Jurat Cora Will" Bretton.
Agnes the Relict of John Norman examined, sayth uppon Oath, P- ^
That being newly marryed to the s^ Norman, shee asked him, whose
That heifer was (Viz) w*^^ is now in dispute, betwixt M"" Gerard &
Cap* Euans Hee made answere th* it was his Daughters, Anne
Browns, And shee sayth th* shee still milked th* Cow, or heifer, both
att M"" Brettons, att the head of S^ Clements, & lastly att Longworths
Po)mt in M'' Gerards mannor. And shee well knoweth th* this is
That Cow (w*^'' M' Gerard now layeth claime to, as his owne w^ hee
first demanded of her husband [Jno.] Norman whose heifer . . .
Agnes Norman
+
Robert Cooper Deposed, sayth. That two or three dayes before April 15
Richard Ware dyed, the s** Ware lying uery sick this Dep* being lltjSc^^'*
there present w^ him, & desyring the s** Rich : Ware to dispose or
settle what he had to his best liking made this Verbal Will, Speaking
to his Wife Agnes Doe yo" take all I haue, & pay my Debts, as far as,
what I haue, will satisfy, for I desyre th* you should haue all, & bee
my Exequuto* or Admistrato* or words to th* effect.
X
Robert Cooper
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54 Provincial Court Proceedings, 1658.
Liber Arthure Qahay deposeth idem Verbatim, quod Rob^ Cooper ut
^ ^- ^ Supra ©
Arthure Clahay
Jurat Cora Will"* Bretton
April 17 John Wade Chyrurgeon demandeth warr* agst Will"" Woodroffe,
WooSroffe *^ ^^ accon of the Case.
Warr* to the Sheriffe Caluert County to arrest &c: Ret next
Provinciall Court to be holden att S* Leonards 26® Aprilis.
April 19 The last Will & Testam* of M' Nicholas Causine, being in perfect
EfStc sence & memory made the Twenty sixth of February 1653.
B 'id ^* ^ Memorandu That I Nicolas Cawsine doe make my dearely beloued
Calendar] Wife Jane Cawsine my sole & lawfull Exequutresse of all my
personall Estate whatsoeu* to dispose of the same according to my
directions following.
1 doe likewise constitute & make my true & faythfull freinds
Thomas Mathews, Raph Crouch, Henry Adams the Ouerseers of
this my Will, & to bee Assistants to my Wife in the true performance
of this my Will.
I. As for my Land. It is my Will th^ it be equally diuided be-
tweene my Two sonnes Ignatius & Nicholas Cawsine
2 My howse & Plantaon allready cleared att Portobacco it is my
will th* my Wife Jane Cawsine shall freely enioy during her tearme
of life
3. I doe freely giue my s^ Wife the third part of my Estate w^
it shall bee lawfull for her to dispose of, as shee pleaseth as any
time.
4 My howsehold goods, Debts, Seruants, Cattle hoggs, or any
thing else, th^ eyther now is, or shall hereafter belong to my Estate,
It is my Will, th* my Wife shall enioy & use the same for her owne &
my childrens maintenance & to the best aduantage of the estate, till
p. 19 niy Sonne Ignatius Cawsine (being aged . . . yeares the fowrteenth
of July next) shall come to the yeares of Nineteene . . . then . . . both
w*^ his halfe part of Land, & the one part of my Estate th* shall
appeare exstant & the other part to remaine in her hand, if shee be
lyuing, till my sonne Nicholas (being seauen yearees old the Sixth
of this month) shall come to the age of Nineteene, & then hee to bee
possessed w*** his halfe of Land, & second part of the Estate extant.
5. It is my will th* my sonne Ignatius Causine when hee commeth
to enioy his Estate shall pay out of my Whole Estate, a Steere to
each of my Ouerseers.
6. I do giue unto M*" Starchy, att my Death a Steere, as being a
faythfull Christian, & desyring the prayers of the Church.
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Provincial Court Proceedings, 1658. 55
8. If it shall soe happen, th* my Wife Jane Cawsine dye, before Liber
my Two Sonnes Ignatius & Nicholas Causine come to yeares. Then ^- ^- ^•
it is my will. That my Ouerseers take care of them, together w*^
their Estates, & to manage the same, for the best advantage thereof,
till they come to their yeares aboues^
9. And further it is my Will That my Two sonnes Ignatius &
Nicholas Causine for Two yeares after the time exspyred of enioy-
ing their Estate, shall not dispose of any of their Estate, eyther in
bargayning or selling, or otherwise to diminish it, w^out the consent
of their Mother, if shee bee then lyuing, & of the Ouerseers of this
my Will.
In wittness wherof I haue hereunto sett my hand & Scale the day &
yeare aboue written The * Scale
Nicholas Causine
Signed & Sealed in p*nce of
Thomas Carpender
Mary Coksute.
M^ Clarks Bond. These p*nts wittness th* I Robert Clarke of
Maryland Gent" doe acknowledge my selfe to stand indebted to
Henry Adams of Maryland Plant' the somme of Ten Thowsand
pownds of good Tob. w^** cask to bee payd by me, my heyres, Ex-
equuto**. Admistrato**, or Assignes, to him his heyres, Exequuto**,
Admistrato** or Assignes uppon demand. Wittnes my hand & Scale
this first day of Octob*" 1656. The Condicon of this Obligaon is
such. That if the aboue bownden Robert Clarke shall after marriage
contracted betweene him & M" Jane Causine Widdow, permitt unto
such persons, as shee shall thereunto appoynt from time to time the
propriety & posses" of all the Estate left unto her, by her late hus-
band Nicholas Cawsine deceased, w^'^out any interruption or moles-
taon, then this Bond to bee voyd, but else to stand in full force &
uertue Locus X Sigilli
Sealed & Deliuered in [presence] of . . . Robert Qarke
Cornelius Johnson demandeth warr* agst Henry Thickpenny in April 19
an accon of Debt P- ^o
Johnson v.
warr* to the Sheriffe of Calucrt County Ret. next Prouinciall Thiclq)cnn)
Court to bee holden att S* Leonards 26** Aprilis^
John Dauis demandeth warr* agst Richard Garford in an accon Davis v.
of Debt to the ualew of six hund** & Ten pownds of Tob. Garford
Warr* to the Sheriffe of the County of Caluert Ret. ut Supra.
John Dauis demandeth warr* agst Thomas Sprigge in an accon Davis v.
of the Case. Sprigge
Warr* to the Sheriffe of the County of Caluert Ret ut Supra.
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S6 Provincial Court Proceedings, 1658.
Libcr Subpoen. to the Sheriffe of the G)iinty of Caluert to warne Ismael
AfhwiJbi^ Wright, will" Stogdale^ & Guy White to bee att the next Prou:
Johnson Court, to testify in a cause depending betwixt John Ashcombe &
Cornelius Johnson, on the behalfe & request of the s** Cornelius
Johnson.
Fcrrcirav. Subpea to the Sheriffe of County of Caluert to warne Rob*
Jolly Kingsberry & James Veitch to bee att the next Prou: Court, to
testify &c: in a cause betwene Dauid ffereira, & James Jolly, att the
request of the s** Jolly
Blinkfaorae Rob* Blinkhome demandeth warr* agst Phillip Harwood in an
V. Harwood ^ccon of Case
warr* to the Sheriffe of the County of Caluert Ret 26® Ap. ut
Supra.
Odber v. John Odber demandeth warr* agst John Pott in an accon of Debt
^®" Warr* to the Sheriffe of the County of Caluert, Ret. ut Supra.
Ankedll's Francis Anketill recordeth his mark of Cattle &c (Viz) The
Cattle Mark Right eare Cropd, w^ a hole in it. The Left eare peeked or Prick
eared.
And whereas the s** ffrancis Anketill haue giuen one Brindled Cow
& calfe to his Yowng Daughter Fayth ; & to bee to her use for euer.
The sayd Brindled Cow still keeping the s** Anketills old marke, yett
the calfe is marked contrary to his owne Marke (Viz) The Left eare
Cropd w*'' a hole & the Right eare peeked or prickeard. w^ he
enters for the marke of his sayd Daughter ffayth.
Edward To all Christian Poeple to whom these Presents shall come. Greet-
Smith his ing in Our Lord God Euerlasting. Know ye th* I Edmund Smith
^^^ etc of New-Towne in the Prouince of Maryland in America Planf haue
remised, released, acquitted, exonerated, discharged & for euer quite
claymed. And by these presents for me, my heyres, Exequuto**,
Admistrato** & Assignes doe remise release acquitt exonerate, dis-
charge & for euer quite claime to Lawrence ... of Adstock in the
County of Wilts in England Gent" his . . . all & all manner of Suites,
p. 31 quarrells, debts, debates exequutions, demands & Annuities what-
soeu*" That I euer haue had, now haue, or hereafter may haue from
the Creation of the world, to the day of the date of these p*nts.
In witness whereof I have hereunto sett my hand & Scale this 19
day of Aprill, in the yeare of o* Lord 1658
Locus X SigilH
Signed Sealed and deliuered Edmund Smith
in the p*nce of us
Philip Caluert
Will" Bretton
Richard Willan
John Jarbo.
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Provincial Court Proceedings, 1658. 57
Will" Mills demandeth warr* agst Stephen Tickner in an accon Liber
of the case, to the valew of 400* Tob. 2[.j*5y ^
Warr* to the Sheriffe of S* Maries County to arrest &c: Ret Tickncr
next Prouinciall G)urt to be held att S* Leonards in the County 0/
Caluert 26** Aprill.
Christopher Joanes demandeth warr* agst Stephen Tickner in Jones ▼.
an accon of the Case to the ualew of 5000* Tob. Tickner
Warr^ to the Sheriffe of S* Maries County to arrest &c : Ret ut
Supra
Stephen Tickner demandeth warr* agst Chrofer Joanes in an Tickner ▼.
accdn of the Case of 5000* Tob. J^*****
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret ut
Supra
Jane the Relict of Cuth : ffenwick demandeth warr* agst Phillip Fcnwick ▼.
Land in an acc5n of Debt to the ualew of 700* Tob. ^"^^^
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret ut
Supra.
Thomas Banks came & recorded his marke (Viz) The Right ^oj^Banks
eare Crop'd & underkeel'd. The Left eare Two nicks on the under Cattlc^
side of the eare, & One Nick on the Upper side
Be it knowne unto all men th* I Robert Kinsbome of the Ryuer April 23
of Patux* Planf doe acknowledge to haue receaued of Dauid Feriera b^Jj^ ^l^
Jun. (as his Attorney) bills to receaue. Tob. amounting to the full knoi^cdg-
quan*3^ of nineteen Thowsand Two hund^ Twenty fine pownd of ™*°*
Tob. to be receaued of the s** Deb*to™ as the Bills shall mentioa
And doe further bind mee, my heyres, Exequuto™ & assignes, to give
to the aboues** Dauid fferiera, or his Assignes, A trew & iust accompt,
att siKh time or times, as the s^ Ace* shall be demanded And further
doe hereby bind my selfe, my heyres & assignes to take freight &
ship such Tobacchos as shall bee receaued & sent to such port or
ports as the s** Dauid fferriera or his Assignes shall appo)mt or giue
order for. I the s** Dauid allowing my Attorney Ten in the hund**
for the recauing & gathering in of the Tobacchoes. To this I the s**
Rob* doe agree. Promising to be true & faythfull therein to the
uttermost of my power. In wittnes th* this is my . . . Act & Deed.
I doe hereunto sett my hand Sealed & delivered in p*nce of John
Tenicke William
26 Aprill 1658 [Robert] K Kinsbome
Scale
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S8 Provincial Court Proceedings, 1658.
Liber Frands Brooks entreth Caueat agst Phillip Conner who deta)meth
p. 22 certain Cattle belonging to the s** Brooks, keeping them in his posses"
Brooks V. contrary to right & equity.
Re bllwlt George Goodrick hauing marryed Vrsule the Relict of Cap* Will"
Estate Lewis, Deceased demandeth Ires of Admistraon uppon the Estate of
the sayd Lewis.
This day came George Goodrick of Portobacco in the prouince of
Mary Land & acknowledged himself e indebted, to the L** Pro-
prietary of this prouince in the summe of Twenty Thowsand pownds
of Tob & cask, in case he doe not make, or cause to bee made a true
& p*fect Inuentory of all & singular goods, chatties & debts of Cap*
Will" Lewis deceased, w*^^ shall or may come to his hands, posses"
or knowledge. Nor the same doe exhibite into the Office for Pro-
bate of Wills, & graunting Admistraons before the first day of
September next, unlesse uppon iust demand longer time be grunted
him by the Secretary. Nor the same goods chatties & debts, doe
well & truly admister. That is to say doe not pay the debts of the s**
deceased, w*^** hee did owe att his decease as far as the s^ goods,
chatties & debts will extend, & the Law charge him. Or if hee
shall not make a true & iust accomp* of & uppon his sayd Admis-
traon when hee shall bee therto lawfully requyred. Or shall not
distribute & dispose the remainder of the s** goods & chatties, w***
shall be fownd uppon his s^ accompt, examined & allowed in the s**
Office, in such manner & forme, as shall be limitted & appoynted by
the Judge or Judges appoynted or authorized in th* behalfe. And
in case any Last will & Testam* of the Lewis shall appeare & the
Exequuto* or Exequuto** therein named doe exhibite the same
making request to haue the same approued accordingly. Then if hee
doe not after request to him lawfully made render & deliuer up his
Lres of admistraon into the s^ Office. Or shall not att any time
acquitt, discharge & saue harmelesse the Secretary & all other
Officers impowred to the graunt of Lres of Admistraon agst all
persons hauing or pretending to haue any right, tytle, or Interest in
& to the s** goods, chatties, & debts.
Recognit Cora me Will" Brctton George Goodricke
Lres Admistraon to George Goodrick.
Oecilius absolute Lord & Prop* of the prouinces of Maryland &
Avalon, Lord Baron of Baltemore &c: To George Goodrick of
Portobacco in Charles County. Who hath lately marryed Vrsula the
Relict of Cap* Will" Lewis. Greeting. Whereas Will" Lewis late
of this prouince Deceased dyed w***out any Will . . .
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Provincial Court Proceedings, 1658. 59
Giue & graunt unto yo" the s** George Goodrick of Portobacco in Liber
the County afores*' ffull power & authority to admister All & singu- '
lar the Goods Chatties & Debts of the s*' Deceased. And well & p. 23
fajrthfully to dispose of the same. And to demand, collect, Leuy, &
in legall manner requyre & receaue All, & all manner of Debt & Debts
due, & owing to the s^ Deceased. And out of the Goods, Debts, &
Chatties of the s*' Deceased w*^** haue, may, or shall come to yo*
hands or posses" well & truly to pay the Debts due by the s^ Deceased,
soe far forth, as the same shall therto extend, & the Law will charge
you, according to the true ualew & summe thereof. You hauing first
taken yo' Oath well & truly to admister the same. And to make or
cause to bee made a True & perfect Inuentory of All & singular the
goods Chatties & Debts of the s^ deceased, w*^^ haue, may or shall
come to yo' hands, posses" or knowledge & allsoe a true & iust AccS
in & concerning yo"" Admistration therein. And to exhibite both into
the Office for Probate of Wills and Graunting Admistraons lawfully
authorized. Touching w** Inuentory yo" are assigned to performe
att or before the first day of 7*^ next, ensuing. And an Ace* when
yo" shall be therto lawfully requyred. And lastly wee doe hereby
constitute, ordaine & appoynt yo" the s^ George Goodrick Admis-
trato* of All & singular the Goods, Chatties & Debts, of the s**
Deceased. Gyuen att S* Maries under the Great Scale of Our
Prouince of Maryland this 24 Aprill in the 26 yeare of our Domin-
ion ouer the s^ prouince of Maryland, Anoq Dni. 1658. Witness
Our Secretary of Our s^ Prouince
Philip Caluert Seer.
Thomas Jackson recordeth his marke (Viz) Both eares under- Tho: Jack-
keeled, downc to the roote of the eares. ^®"'' ^^^^
A perfect Inuentory of the Cattle gyuen in by Rob* Troope, att 12 AprU
the request of Raph Crouch, Belonging to the stock of M" Vrsula Estatc^^^
Goodrick, according to the best of his knowledge. Imp* 5 Cowes
one heyfer & one bulchin of — 2 yeares old. 3 yearling Cowe
Calfes. one ycareling Bull Calfe 5 heyfers of — 3 yeares old.
All these fores** Cattle came of Two Cowes exchanged by Cap*
Will" Lewis w*^ M' Job Chandeler for Two Cowes, th* were gyuen
into the hands of Ralph Crouch, (for the use of his beloued Wife
Vrsula Lewis) & one heyfer brought from S* maries to Portobacco
Rob* -f Troope
marke.
Wittnesseth George Goodrick Thomas Jackson. p. 24
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6o Provincial Court Proceedings, 1658.
Liber An Inuentory of the Estate of Cap^ Will" Lewis Exhibited by
Aprii ^ George Goodrick, Admistrato* &c : i
™Ar h^'IS". I'"?* ^4i* pewter att i6» p* pownd 145.
cording to One old feather bed & bolster 280
^^"^ ^hc%r^c^ ^^^ Payr« of P"^t stilliards 200
tended com- One old warming pan 030
"'"'* V^^t Two great iron Ketties crackd 150
Two small iron potts 140
Two payre of potthooks & two small hooksl
made of an old hoope J ^
Three old iron-bownd payles 020
Two gimns 450
Two little old chests 050
Two old Indian Matts 010
The Invcn- One Crossecutt saw, one Ten* saw, one whipsaw all old. 150
^ hlg^tThls ^"^ ^^^^ S^^ ^^^
U-es of Ad- One Bare-Skin, & a halfe 030
aSu6^ 0"« Smal grindstone 040
Vide Infra One old dryfatt made of boards, & al
, ^^>- 72 forme of a SpHtt plank J ^^5-
A Leafe of a smale table & forme madel
by a Scuruy Carpenter J ^
A Pestle & drawing knife 056
A Little old brasse Kettle, & a peice of!
an old iunck J
a Childs' cheare, old, & an old straw bed & bolster 045
An old smal brasse lamp, & a new pewter Cup 025
An inch Awger, & a gimlet & a little ^
iron Skillett J
Three yowng Sowes 480
Power Shoates of a quarter old 160
70 Armes length Roanoke att 5* 350
Nine Cowes att— 550 p* Cow 495^
Six heifers att— 500 p« Beast 3000
Two heifers & a Bull att — ^200 p* beast 0900
One Steere of 4 yeares old 0450
Three Steares & a Bull att— 350 p* Beast 1400
Eight Calues a yeare old in May or! ^^^
thereabouts att 240 p* Beast J ^^
Som Totalis 15619.
Wee whose names are heare imderwritten were the Appraysers
of this aboue mentioned Estate
Henry Addames
p. 25 Will" Bretton Gent" demandeth of George Goodrick Admistrato"^
^(^rid^ of the Estate of Cap* Will« Lewis » Beauer.
Admin.
030
050
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Provincial Court Proceedings, 1658. 61
Philip Hide demandeth warr* agst Stephen Gary in an acc5n of Liber
Debt ^ -v y PCR.
^^"^ Hide V.
Warr* to the Sheriflfe of Caluert G)unty to arrest &c : Ret. next Gary
prouinciall Court, to bee holden att S^ Leonards 26 Aprilis.
John Chearon demandeth warr* agst Antony Le Compt in an Chearon v.
accdn of the Case. ^ Compt
Warr* to the Sheriflfe of Caluert County to arest &c: Ret. ut
Supra
Cap* Thomas Comewaleys demandeth warr* agst Philip Land in Cornwalcys
anacconofDebt. ^-^^^
Warr* to the Sheriflfe of S* Maries County to arrest &c: Ret ut
Supra
John Lord p* Attomato, James Gaylourd demandeth warr* agst April 25
Thomas Gerard Esq'' in an accdn of Debt to the ualew of 1000* j^^^ Y-
Tob. ^"^"^
Writt to the Sheriflfe of S* Maries County. Ret next Pro : Court
to bee held in Caluert County, 8** Septemb' next.
James Gaylourd the Assignee of Peter le Pheybour demandeth Gaylord v.
warr* agst Cuthbert Phelps in an accon of Debt of 1 500^ Tob. P>*«*P»
Warr* to the Sheriflfe of Ret.
Cap* Will" Euans recordeth his marke, (Viz) The Right eare ^^pt Evans
underkeeld & Slitt, The Left eare Slitt ouer & under, in manner of a Mrk Vid.
flowre de Luce. ^ '
Robert Thomas recordeth his marke (Viz) Crop'd, & ouer & Robt
under keeld' both eares. '^^^"**' ^'^
Caecilius Absolute Lord & Proprietary of the Prouince of Mary-
land & Aualon &c: To the Sheriflfe of the County of S* Maries
Nicolas Gwyther Gent" These are to will & requyre yo" to summon Summons to
the flfreemen of yo"^ County to come to the usuall places of meeting ^Jjj^iy^vjle
uppon the lo*** of Aprill next ensuing the date hereof. Then & i Md. Arch,
there to choose fitt men to bee their Deputies, To sitt in an Assembly, ^
to be holden att S* Leonards Creek on the Seuen & Twentith of
Aprill next ensuing. Where yo" are to make returne of this yo'
warr* Gyuen att Patux* this 24*** march in the 26 yeare of Our Do-
minion, & in the yeare of Our Lord 1657 Wittness Our Leiuten* of
Our Prouince of Maryland. Josias flfendall
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62 Provincial Court Proceedings^ 1658.
Liber Endorsed on 1 The ffreemen of S* Maries County mett, accord-
P. C R. ti^g Back Sidej ing to the tenure of this writt, att their usuall places,
& haue chosen, ffor S* Maries hund** M' Rich: Willan:
flfor S^ Inegos hund*' Cap* Tho : Cornewalleyes.
ffor S* Michaels hund^ M' Will" Lucas & M'
George Mee
ffor New Towne Cap* Will"" Euans, & M' Zachary
Wade
p. 26 for S* Clements hund** M"" James Langwoth
& ffor Charles County M' John Hatch.
Test Nicolas Gwyther Sheriffe
Idem to John Coursey Sheriffe of the County of Kent. Endors.
On the Back Side
The ffreeman of Kents election of One Burgesse or Delegate the
y^ Aprill 1658 (Viz) M' Philip Conner by a ffree & generall con-
sent subscribed thereunto according to the tenure of the s** Summons
or w'itt.
Test. John Coursey Sheriffe &c Kent.
Idem to John Norwood Sheriffe of the County of Ananmdel.
Endorsed. The ffreemen of Anne Arundell County mett together
according to the tenure of this writt, & the Maior part gaue their
free notes, for Cap* Will" Fuller M' Edward Lloyd, & Cap* Will"
Ewen to be Burgesses for this Assembly.
Test. John Norwood Sheriffe
Idem to Will" Coursey Sheriffe of Caluert County. Endors.
The ffreemen of this County mett together, according to the Tenure
of this writt & the Maior part gaue their free notes, for M"" Richard
Preston, M"^ Michael Brookes, M' Rich: Smith, & M' Woodman
Stockley to be Burgesses for this Assembly
Test. Will" Coursey Sheriffe.
Thos. Tick- To all Poeple to whom this p*nt writing shall come, I Thomas
f^Att^^^"^ Ticknor of London Grocer send Greeting. Whereas Edmond
Berkeley of London merch* was the Factor of me the s^ Thomas
Ticknor & Isaack Gardiner of London merch* in Maryland & Vir-
ginia & receiued seuerall goods from us w^ were by him sold,
bartered, & disposed of for our uses. And whereas the s^ Edmond
Berkeley, in & by a writing under his hand & Scale of the date
hereof. Hath acknowledged th* the seuerall goods, Tobaccoes, Bills
& Debts mentioned in a Scedule to the same writing annexed (a
Coppey whereof is hereafter inserted) are the proper goods & Debts
of me the s** Thomas Ticknor, according to a diuision made betweene
the s** Edmond Berkeley, & John Wade my Attorney hereafter
named, thereunto appointed by us the sayd Thomas Ticknor, &
Isaack Gardiner & were left by the s** Eidmond Berkeley in the
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Provincial Court Proceedings, 1658. 63
hands & custody of Zachary Wade of Maryland Planter, till further Ubcr
Order should be giuen about the same. Now know yee That I the ^- ^' ^
sayd Thomas Ticknor haue assigned, orde)mcd & made, & in my
stead & place by these p*nts haue putt & constituted the afores** John
Wade my true & lawf ull Deputy, Substitute and Attorney. In this
behalf e, for mee & in my name, & to my use to ask, demand, leuy, p. 27
recouer & receiue, of & from the afores** 2^chary Wade his Ex-
equuto** or Admstra**, & of & from all & euery the persons in the s**
Scedule perticularly named, the s** seuerall quantities of goods,
Tobaccoes, Bills, Debts & Things in the s** Scedule perticularly men-
tioned & expressed. And allso all & euery other goods. Wares,
Debts, merchandizes & things whatsoeu* to me due, oweing or be-
longing, from any other person or persons whatsoeu* in Maryland
or Virginia afores**, or eyther of them. Gyuing & by these p*nts
granting unto my s^ Attorney by uertue hereof my full power &
authority in the premises. And for default of paym* of the s*'
seuerall goods. Bills, Debts, and things afores** in the s^ Scedule
mentioned, or of any of them, or any part, or parcell thereof The
s* 2^chary Wade, or all or any other the s** persons, in the s** Scedule
perticularly named their Exequuto** or Adfhistrato** or any of
them, or all or any other person or persons whatsoeu* in Maryland &
Virginia afores** or eyther of them, oweing or withholding any other
goods, debts, or things whatsoeu*, due or belonging unto me (if
need bee) in my name to cause to be arrested, sued, & imprisoned &
out of prison to deliuer, & pleas & prosequnons agst them eyther or
any of them to susteine & meinteine according to the course of the
Lawes. And to doe all such other law full & reasonable act & acts,
thing & things whatsoeu*, for recouery & receipt of the s^ goods,
debts & things, afores**, as my s** Attorney shall thinke fitt, eyther by
arresting, seizing, or attatching the s^ goods & Debts, or the goods &
debts of any person or persons oweing or withholding the same, or
otherwise howsoeu*. And uppon any Receipt or recovery acquitt-
ances, or other discharges in my name to make, Seale & deliuer.
And one Attorney or more under him to substitute & att his pleasure
to reuoke. And further to doe, say, sue, implead, prosequute, com-
pownd, end & agree in all & singular the premises, soe fully to all
intents & purposes, as I my selfe could doe, if I were personally
present. And all & whatsoeuer my s^ Attorney shall lawfully doe or
cause to bee done in the premises, I doe ratify & confirme for firme &
effectuall by these p*nts. In wittnes whereof I haue hereunto sett my
hand and Seale the 14*^* day of Nouemb^ in the yeare of Our Lord
God 1657. Thomas Ticknor
Sig'd, Sealed & deliuered The X Seale
in the p*nce of us
Lawrence Washington Augustine Hull
John Anderton Arthure Myles Scr.
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64 Provincial Court Proceedings, 1658.
Liber This is the Scedulc of the goods & Debts mentioned in the for-
p' ^ goeing Ire of Attorney, Remayning in the hands of Zachary Wade in
Maryland,
Imp' Oweing by Valentine Payton
0900* Tob.
Thomas Ringe
0057
Richard Browne
1062
Will" Stephenson
• 0390
Robert Sheale
1200
John Price
0293
John Medley
0407
James Lindsey
0100
Thomas Prichett twist
0025
John Cornelius
0223
Will*" Canada
0436
James Langworth
0105
John Shirleife
0795
Thomas Thomas
0091
M' Lawson reed
0342
Edward Packer
0125
John Jarbo reed one hogshead
04S7
Will" Marshall
0075
Boate Sayles
0950
One payre of small stilliards
0060
Seauen payre of Ticking Bodies
0420
One payre of Ch. Stockins
0014
Eight payre of ft Stockins
0064
One p^ of pack thread Bodies
0026
Thirteene p* of the lesser sort of Canwase Bodies
0390
Cap* Banks
0132
John Dodman
0400
Christopher Goodyar
0012
One hogshead putt on Shoare
0398
9948
118
Memorand" there is to be deducted out of these
tobaccos 1 18* as a debt due to Cap* Will" Euans. 9830
Soe there rests due to m*" Ticknor but nine thowsand
Eight hund** & thirty pownds weight.
Wittnes Thomas Ticknor
Lawrence Washington Sea X le.
John Anderton
Augustine Hull.
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Provincial Court Proceedings, 1658. 65
Att a Court held att S* Leonards in the County of Caluert 27^ Liber
April! 1658. J- C. R.
Josias Fendall Esq* Gotf \W Thomas Gerard ^^"^ ^
Philip Caluert Esq* Secr.J M' Rob* Qarke
Whereas Thomas Pendleton plf entred demand against Sampson Pendleton ▼.
Waring for Twelue hund** pownds of Tob. James Dike Attorney of ^*^*"8f
the fii desyres that James Couers may be examined uppon oath,
touching the s** demand And not being able to make the s** demand
sufficiently appeere, desyres Respite till next Court. And the defend*
requyres a new suite, & dammages for his molestaon, w*^** was Or-
dered, & granted to him by the Court.
An Appraysm* uppon the Estate of John Demall made by John Re Demall'i
Holfehead & George Gouldsmith, as foUoweth. E»***«
By one Bed tick of Canuas & one poore Ruggel
& Bolster ticking & a payre of blanketts J
By one Small Chest & a Box 080
By one old Coate, wascoate & drawers 020
By some Bookes, some old pewter, two woodden dishes \
one Anchor, a small Runlett, some Beads & a tub. J ^
By one iron pott 030
By one old gowne & petticoate, an old wascoate 1
& some other old ragges J ^
By one hatt 050
By a Case & some linnen 050
By a Bill due from M"^ Meese 150
By a Canow 100
180
860
These things appraysed by vs aboue mentioned this 18*^ March
1657^ as wittnes our hands
John D halfhead
George Gouldsmith
Debts due to John Demall
ffrom M' Stockeley 36* Tob
ffrom George Newman 50
ffrom Abdelon Martin 55
ffrom Ismael Wright Two Empty hogsheads.
Allso some hoopes, & headding att Ismael Wrights.
Some Timber att Abdelon Martins Po)mt
Mary the Relict of John Demall, brought this Appraysm* & p. 30
Inuentory into the Court, desyring to be discharged from it And
allso th^ die Credito' might take the Estate, of her deceased husband,
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66 Provincial Court Proceedings, 1658.
Liber & distributing it amongst them, might pay themselues soe far as it
P. C R. would amount. And M*" Richard Preston cheife & greatest Cred*^
came & declared in open Court that he freely forgaue the poore
Widow, what is due to himselfe from the s** Deceased. And Proc-
lamaon being made for the other Cred** to enter & make their
demands. Will" Berry one of the Cred** demanded fowre hundred
& Seauenty pownds of Tob. out of the s^ Estate. And Certaine
Coopers Timber att Abdalon Martins po)mt, belonging to the De-
ceased is allowed him in Satisfaction of his sayd demand. The other
Cred** came into Court, allso, & willingly forgaue all their Debts.
And the Relict is there uppon by Order of this Court discharged
from all claimes & Debts touching that her Estate.
Coursey v. Uppon the demand of Henry Coiu"sey pif. agst Michael Basey
Bayscy jg£^ -j^^ pjf ^^^ appearing but only by his Attorney John Coursey.
& the demand being abouut Accompts, & somthing intricate. It is
therfore respited till next Court, untill M"" Henry Coursey be him-
selfe present in Court.
The Court Adiomed by the Gou* till to morrow morning att 9
dock
Johnson v. Michael Baysey sayth uppon oath (att the request of Henry
Penny Penny ) att th* time, when Cap* Stone went up to Seaueme : Corne-
lius Johnson & Henry Penny lyued att this Dep** howse. And often
during their abode there, w^ was about fine weekes, those still
iarred about their accounts, W^ this Dep* seeing, he desyred them
to come to an agreem* in their accounts, w*^'' they did, & Cornelius
was indebted to Penny 606* & some odde Tob. the iust odde this
Dep* cannot now remember, & was contented & promised to giue the
s** Penny his Bill. But uppon the suddaine goeing up to Seaueme,
the Bill was neglected, & not gyven. & further uppon this agreem*
(they being before Mates) parted their Estate betwixt them. And
the Shallop fell to the share of Cornelius, hee taking it uppon him-
selfe, discharged the s^ Penny, And had there not bene an account
betweene M"" Tho : Thomas & Henry Penny, where the s** Cornelius
had disposed of some of the Tob. due to Penny from the s** Thomas
p. 31 the s** Cornelius had passed his Bill to him presently, & it had not
bene deferred.
Joane the Wife of Michael Baysey deposeth idem quod supra &
further addeth That Cornelius was to take the Bill, belonging to M"
ffenwick & make it his owne debt, & cleare the s** Penny fro it.
April 28 Aprill 28** P^t as yesterday (Viz)
Josias ffendall Gou' VM^ Thomas Gerard
Philip Caluert Seer. J M' Rob* Qarke
And as Assistants to the Councell, by appoym*'
from the Gouemo' & who were Called by him
aferwards came
Co* John Price
M*^ Baker Brooke
M' Nathan : Vtye,
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Provincial Court Proceedings, 1658. 67
To the hon"« the Gouerno' & Councell The humble Pet** of Ubcr
■p 1^ i>
Thomas Dauis. Sheweth g^^^ ^'
That whereas one Elizabeth flframe, yo' Pet** seruant, did in Frame
Decemb' last sue yo' Pet' for her enlargem* Alleaging th* shee the s**
flframe was flfree : Att w^** Court, it was ordered th* the s^ flframe was
to bring proofe of her s^ flfreedome, att the Court in March next
following, otherwise to make good, such dammages to yo' Pef as yo*"
Pet' should then make appeare th* hee had susteyned. And the s^
Elizabeth hauing not made any thing appeare, yo' Pet' humbly
craveth the benefitt of the s^ Order. And th* the s** Elizabeth may by
Order from this Court be restored to yo' Pet" seruice, to serue ac-
cording to her Condicon or Indenture, Craning Costs of suite, &
Consideraon for her absence, & losse of time, as this Court shall
thinke meete.
And yo' Pef shall pray &c :
Know all men by these p*nts th* I John Hawkins of New England
Marriner haue sold unto Thomas Dauis One Mayd seruant for three
yeares, her name is Elizabeth flframe & shee doth promise & bind
herselfe to serue the s^ Dauis, his heyres or Assignes truly, the full
tearme of time aboue mentioned, & for the true p^formance hereof,
the sayd Hawkins is to giue her a Cow Calfe, as speedily as hee can,
& to the true p^formance hereof wee haue hereunto sett o* hands,
Nouemb' the 8*** day 1656.
Wittnes us John Hawkings
Thomas Nadey. Eliz. u u flframe.
Uppon the Pet" of Thomas Dauis agst Elizabeth flframe. The s**
Dauis alleaging th^ the s^ Elizabeth had time remayning of her
seruice to him. Elizabeth the Deft replyeth th* she hath not re-
ceaued of her master according to Couen* & further th* shee was a
seruant, when shee made That latter Condicon w^ the s** Dauis, as
appeareth by the Oath of Adam Staueley uerifying the same uppon p. 32
Oath in open Court. The Court therfore Judgeth th* the s** Elizabeth
bee sett free from the s^ Dauis, w***out further ObligaSn of Seruice.
And the s^ Dauis is left to have his dammage agst John Hawkings,
who made the Condicon. Concerning the s** Elizabeth, w^ the s^
Dauis, & Soe Ordered accordingly.
And the s^ Elizabeth Qayming Qoathes according to the custome
of the Country. It is Ordered likewise th* the s** Dauis shall pay
her Qoathes, according to the Custome of the Country, uppon
Demand, as being her last Master.
Uppon the demand of Will" Dorington jrff agst John Cornelius Dorington
deft in an accon of the Case. The Deft being bownd by Condicon Cornelius
to prouide & deliuer to the pif an able man seru* hauing fowre yeares
to serue, or a likely Boy for tearme of yeares according to the
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68 Provincial Court Proceedings, 1658.
Liber Custome of the Country; w*** Condicon is allready performed by
P. C R. j^j^ ^ j^^ alleageth. And the jif likewise confesseth that the Deft
hath tendred him a Boy; w** Boy hee shewed in Court The Court
thereuppon Ordered that the pif receaue that Boy now tendred him ;
& th* the dft bee discharged from his s** Obligaon.
Roberts v. Uppon the Pet" of Margarett Roberts pif agst John Hambleton
Hambleton jgj^ j,^^ pjj j^ j^^^. p^^„ alleageth th* shee is free, & th* her Master
seeks to detayne her, & make her seme longer time ; & w^ all uery
often striketh her. All w*** the deft denyeth, & desyreth Respite till
next Court to proue his allegaon. And the Court Ordered that this
Cause bee respited till next Court, & the pif to retume to her Masters
the defts howse & there to Hue till next Court as afores** The deft
is likewise charged th* hee use her well & not strike her. And if soe
bee, the pit att the next Court be adiudged free, the deft her Master
is to pay her dammage & consideraon for this her time of Seruice.
Ouerzee v. Uppon the Pet" of Symon Overzee pif, agst John Cornelius deft,
ornc us ^^^ fiueteene hund** pownds of Tob, due by Bill, & his owne proper
debts, & Three Thowsand nine hund** more by assignm** from M'
Emperour, and Cap* Will" Euans. The deft sa)rth th* he hath
satisfyed some small thing of his owne proper debt, due to the pif,
& as to the assignm** that they were deliuered & made ouer w%ut
his priuity & consent. The Court Ordered th* the pif satisfy unto
the deft Thirteene hund** pownds of Sweet sented Tob, w^^'out
grownd leaues in Cask, & one hund** fifty six pown^'s more for
dammage (as his owne proper debt) of the like condiconed Tob.
p. 33 Gwy White examined Sayth uppon oath, th* M*^ John Ashcomb
^^'co^v. sold a Cow unto Cornelius Johnson. W^** uery Cow hee the Ash-
comb sold againe to Abdelo Martin & further sayth th* M' Ashcomb
profered to sell that Cow, to him this Depon*. Ishmael Wright
examined sa)rth uppon Oath, that Abdelo Martin to this Depon**
knowledge went ouer to M' Ashcombs, to desyre a release from a
Bill wherein hee was ioyntly bownd w* his mate Cornelius, for a
Cow unto the s** Ashcomb. W** the s** Abdalon not effecting the s**
Abdalon came to a new agreem* w^ M' Ashcomb concerning th*
Cow, & bought her wholly to himselfe, & passed his Bill to the s**
Ashcomb for th* purpose, as the s^ Abdalon told this Depon*
Uppon the demand of John Ashcomb pif, agst Cornelius Johnson
deft for Seauen hund** pownds of leafe Tob. w*^ Cask, due by Bill,
The deft acknowledgeth it to bee his Bill. It is therfore Ordered, th*
the deft satisfy Seauen hund** pownds of Tob & cask, (as hee hath
acknowledged) uppon demand.
Ouerzee v. Know all men by these p*nts th* I Dauid Thomas of the prouincc
Thomas ^f Maryland doe acknowledge a Judgm* for fowre hundred & odde
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Provincial Court Proceedings, 1658. 69
pownds of Tob. according to the tenure of my Bill unto M' Symon Liber
Ouerzee as wittnes my hand, Aprill 8, 1658 ^- ^' ^
Dauid Thomas
Wittnes
Nicolas Gwyther.
Uppon the demand of S)rmon Ouerzee pif agst Dauid Thomas
deft, in an accon of Debt. The deft acknowledging a Judgm* under
his hand in writing, for fowre hund** & odde pownds according to the
tenure of his Bill. And the Bill being fowre hund** fifty & fiue
pownds Tob, in cask. Ordered th* a Judgm* be entred according to
the Bill for fowre hund** fifty, fiue pownds Tob, in Cask, & according
to defts acknowledgm* to be satisfyed & payd unto the pii uppon
demand.
Uppon the Pet" of James Mullekin pif agst Henry Coursey deft; Mullekin v.
The Defts Attorney John Coursey, not hauing notice or knowledge Cour«cy
concerning this Cause, desyres a Respite till next Court v** was
Gratinted.
Uppon the demand of Cap* Tho: Comewalleys irff agst Samuel Come-
Parker deft, in an accon of debt. Nicolas Gwyther Sheriffe, desyres S*^*^* ^•
a Respite till next Court on the behalfe of the deft, w^** was allso
granted him.
Know all men by these p*nts th* I John Thomldnson of the p. 34
prouince of Maryland, doe acknowledge a Judgm* unto Thomas ^JJ^, ^
Comewalleys Esq*" for a Bill due unto the s** Comewalleys, as witt- Thomldnson
nes my hand
Aprill 9^ 1658 John i Thomkinson
Wittnes
Nicolas Gwyther
Will« Hatton.
Uppon the demand of Cap* Thomas Comewalleyes pit agst John
Thompkinson deft in an accdn of debt. The deft acknowledgeth
(under hand writing) Judgm* for a Bill. But noe mention made
of the summe. Whereuppon the pli produced the Bill, w*^ is fowre
hund** & forty pounds of Tob. & cask. Ordered th* Judgm* be entred
according to the s^ Bill.
Uppon the demand of Cap* Thomas Comewalleys pif. against Conic-
George Gooderick, (Admistrato^ of the Estate of Leiu* William c^ridk
Lewis deceased) deft; for fiueteene pownds of Beauer, the Re-
mainder of a greater summe. The pif producing the Bill, & the Ad-
mistrato*, not able to alleage anything agst the same. It is therfore
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70 Provincial Court Proceedings, 1658.
Liber Ordered th* Judgm* be entred agst the deft, on the behalfe of the irff
P. C R. £q^ fiueteene pownds of Beau* according to his demand.
Lawson v. Whereas John Lawson pif att a Court held att Patux* 24® Aprill
Goodndc jg^^ made appeare th* Leiuten* Will" Lewis was indebted vnto the
pif, By specialty in the summe of Six hund** & Eighty pownds of
Tob. & Cask & a Beauer Skin, (as appeareth in the s** order) The
Admistrato* of the s** Lewis, not pleading att all to the Contrary.
It is Ordered that the pif haue Judgm*, agst the Admistrato®, accord-
ing to the former Order, & as is demanded.
EUonhcad v. Uppon the Pet" of M" Jane Elltonhead ffenwick pif, agst Henry
Pop€ Pope deft; shewing th* the deft layeth Claime to the pifs marke,
wherew*** she useth to marke her cattle, & allso hath killed a Steere
belonging to the pif, as shee alleageth. Respited till next Court
Fcrrierav. The Crosse Accons of Dauid Ferriera, & Docto* Lumbrozo.
Lumbrozo g^^j^ ^^^^g Respited till next Court.
The Court adiomed by the Gouerno* till Aftemoone.
Re Estate of M' John Hatch Sayth uppon Oath, th* M' John Ashcombe did
Dandy acknowledge before this Dep*, An Account, belonging to John
Dandy to bee due. But what the summe was he knoweth not.
p. 35 Aprill 28® Aftemoone, All present as afore.
Trueman v. Uppon the Pet" of Thomas Truman pif agst Will" Stephenson
Stephenson j^f^^ ^j^^ pjf alleging that the deft deteynes from him on thowsand
pownds of Tob, & 3 barrells Come for the hyre of a Seruant &c :
This Cause as put to Arbitraon & ended betwixt themsdues.
Boreman v. Will" Samford aged 20 yeares or thereabouts att the request of
Brookes ^ff{\\m Boreman Examined & deposed sayth. That about Two yeares
agoe, hee this Dept. then lyuing w^ ffrancis Brooks, Heard the s**
Brooks, say, That he had disposed of one hogshead of Tob, w*** hee
affirmed hee did take away & dispose of w^^out Edward Qoxstons
consent: Because (as hee alleaged) the s^ Gaston, was indebted to
him the s^ Brooks, in the like, or a great quan*^ And further he
affirmeth th* hee heard the s** Brooks, confesse, or say the same w^in
this Two monthes, & further sayth not.
Jurat Cora me Will" Bretton, Will" Samford
April 24, 1658
Uppon the Pet" of Will" Boreman pif agst ffrancis Brooks deft,
Shewing th* the deft came & tooke away one hogshead of Tob, out
of the howse of Edward Claxston, w*** s^ Tob was made ou* to the
pif for security of a Debt, due from the s** Qaxston Alleging further
that the Tob, soe taken away by the deft, was struck by him the s** pif
into a hogshead : & the hogshead allso being marked by him the s**
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Provincial Court Proceedings, 1658. 71
plfe as afores**. The deft not appearing, nor any lawfull Attorney Lib«-
from him, It is therefore Respited till next Court.
The pif produced Three Bills of the defts. One for one thowsand William
twenty three pownds Tob. Another for Three hun** pownds Tob. fXT^oJJ^
& another for one Thowsand pownd of Tob. in all 2323* w*^ cask, man
All w** are acknowledged by the deft. But the deft alleageth. That
the Bill for 1000* Tob. was for Land, W** Land the s** Boreman irff
was contented to take againe, soe th* the deft payd unto him one hogs-
head of Tob. or Two Barrows, And the paym* of a hogshead of Tob,
to that end appearing by the Oath of Christopher Joanes. The Court
doth order that the pif doe abate the Bill for 1006* Tob. & th* the
deft pay the rema)mder (viz) one thowsand three hund** twenty
three pownd Tob. in Cask, to the irff uppon demand.
By the Lieu* Grail of the Prouince of Maryland. Proclamaon To Proclama-
auoyd all Inconueniences w*^** may hereafter arryse w***in this prou- Atto^gy^
ince Concerning Attorneys, I doe hereby declare to all persons. That
noe person whatsoeu* shall bee allowed & iudged an Attorney, w^
shall not shew & make appeare such his deputaon under hand writing,
in any Courts of this prouince. Gyuen in the Prouinciall Court att p. 36
S* Leonards 28^ day of Aprill 1658.
Josias ffendall.
Symon Ouerzee pif compla)meth agst M" Jane Eltonhead for Ouerzee v.
dete)ming certaine Cattle in her posses" & belonging to the s** Ouerzee Eltonhead
alleaging great dammage susteyned by him for want of the s** Cattle.
The deft acknowledgeth th* shee hath some such cattle in her posses"
It is therefore Ordered th* the deft immediately deliuer, or cause to
be deliuered unto the pif All such cattle, w** shee hath now in he^
posses", or can, or may deliuer unto him, & w** are yett lyuing. And
as to those cattle w** were in her posses" & are dead ; The dammage
therfore for the cattle wanting and their encrease, is to be Respited,
& Determined att the next Prou : Court.
Uppon the Pet" of John Chareman pif agst Will" Boreman deft, Charcman v.
Respited till next Court. Boreman
Uppon the demand of Phillip Land pif agst Will" Eale deft, for Land v. Ealc
2922* Tob. Respited likewise till next Court.
Uppon the Demand of Phillip Land pif agst Rob* Sheale deft in Land v.
an accon of Debt, for 1360* Tob. Respited allso till next Court. ^^^*
The depos" of John Caruell aged about 23 yeares examined & Wade v.
swome this 10*^ of May 1657, Sayth, That M' John Wade made Woodroffc
Couent to & w*** will" Woodrofe, & That the s^ Woodroffe was to
serue the sayd M' Wade a compleat tweluemonth after his cure of
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J 2 Provincial Court Proceedings, 1658.
Liber that disease he then had. And then after the s^ Woodroffe had
P. C. R. serued the sayd Wade his time aboues** Then he to haue for his s**
seruice Eleauen hund** pownds of Tob. a cloath suite, & a Canuas
suite, & shirts, shooes & stockins. And f urthei- sayth That Wood-
roffe was in a Course of phisick, some time in March. And the s^
Woodroffe went out of M' Wades seruice, in January following:
But the s** Wade told him he was not then free of his seruice, &
forewarned him of goeing away, or to th* effect, & further Sayth not.
John Wade pif , dedareth by Pet" how th* he entred into Condicons
w*^ Will" Woodroffe deft (about Decemb*" 1655) ^^ cure the s**
Woodroffe of the malady wherew*** he then was diseased, & to giue
him the s^ Woodroffe Eleaue* hund** pownds of Tob, One Qoth suite
& one Canuase suite. Two shirts Three payre of shooes, & Two payre
of stockins. In consideraon whereof the s** Woodroffe was to serue
the pif one compleat yeare, after the effecting of the s** cure. But the
s** Woodroffe deft hath not only neglected the performance of the
p. 37 condicon of seruice, for the effecting & perfecting the cure by the pif
uppon the deft. But allso during the irffs absence, by illegall, sinister
Vide 10 Md. wayes & proceedings att a Court held att Patux* 21 March 1656,
' 490 obteyned iudgm^ & exequuon thereon followed, agst the pH. This
Cause putt to a Jury warr* to the Sheriff e to empannell a Jury of 12
me" w***out delay. John Wade Chyrurgeon sayth uppon oath in open
Court, That when hee gaue Will"* Woodroffe That last physick, hee
gaue it him for the p*fecting of th* cure. And by reason of the hard
winter, hee could not effect it sooner. This Potion, hee cannot
sweare to a day when it was gyuen him only he uerily thinketh, th* it
was neare about the middle of March.
Sheriffe retumeth his warr* & warned
Walter Hall
Robert Taylor
John Odber
foreman -
S)rmon Ouerzee
Sampson Warren
Philip Land
Walter Pakes
James Lindsey
Peter Joy,
Timothy Goodrick
James Veitch,
John Ashcomb
The Jury brought in their Verdict in writing (Viz) The Jury
finds for the pif, Six weeks seruice, from the deft : w^ three hund**
pownds of Tob. W^^ Tob. the deft illegally obte)med, by false in-
formaon gyuen to the late Court, And for the plfs dammage Wee
humbly leaue it to the Court, Ordered, that the Verdict of the Jury,
bee entred for the Judgm* As to the dammage & the Verdict of the
Jury together, It is Ordered by the Court That the deft shall serue
the pif. One whole yeare from this day ; or giue in security to pay
to the pif Two Thowsand pownds of Tob this next ensuing Crop,
And the pii is to pay the deft, Cloathes> shirts, shooes & stockins,
according to his Coven*
Hide V. Uppon the demand of Philip Hide irff , agst Stephen Gary deft
^ for Two Thowsand pownds of Tob.
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Provincial Court Proceedings, 1658. 73
James Veitch sayth uppon oath in open Court, that there was an liber
agreem* made betwixt Phil : Hyde, & Stephen Gary for 300 Acres y\^' ^^p
of Land, And that Philip Hide, did confirme the s** Land unto Hides Bill of
Stephen Gary, Whereuppon the s** Gary passed his Bill for 5000* ^^95"^^
Tob, to be payd uppon demand to the best of his remembrance.
Thomas Seymour allso declareth uppon Oath, That, concerning
the former bargaine, the pit could not performe his Couen* And
thereuppon the deft would not pay the Tob. to the pit, yett after
M"^ Reuell agreed to giue to the pif 3000* Tob. & gett the Land how
hee could.
John Ashcomb likewise sayth uppon Oath That hauing conference
with Randall Reuell, the s** Reuell told this Depon* th* he had bought
halfe of the s^ Plantaon, And th* hee would send up seruants —
hands — ^to plant uppon it. And further he doubted not, but to make
his peace, w^ his L^ Officers here.
Wherefore it was considered by the Court uppon this & other
euidence That the s** Gary & Reuell are partners in the Land, And th* p. 38
the rather because the deft confesseth, th* Reuell did deliuer up the
former Condicon made betweene him the s^ deft & the pif w*** unlesse
hee were partner w*^ Gary would not haue left in his hand. It is
therfore Ordered that the deft (Randall Reuell lyuing in Accomack)
pay to the pif Seuen hund** fowrteene pownds of Tob, the remainder
of the demand.
Uppon the demand of Dauid flferiera pif, agst John Tunnis deft Feriera v.
for three hund** seauenty two pounds of Tob. The Deft acknowl- "I**"""*
edgeth Three hund** fifty six pownds of Tob. & hath putt in M'
Thomas Belcher security for the s** three hund** fifty six pownd as
afores** w** Rob* Kingsberry the Attorney of the pif hath accepted.
Uppon the demand of Thomas Hussey pif, agst Jolm Hammond Hussey v.
deft for one thowsand three hund** pownds of Tob. in cask, Anne H*ro»ond
Hammond the deft Attorney, being lawfully warned, & not appear-
ing & John Lewger the pifs Attorney, being indebted unto the deft,
for one hund** thirty fowre pownd of sugar, desyres th* he may
ballance that debt of sugar w*^ the Tobacco w** is due from the deft
to him. And uppon default of the defts Attorney not appearing,
uppon her lawfull summons, as was uerifyed. It is Ordered th* the
pif, shall recover agst the Estate of John Hammond, husband to the
sayd Anne whose Attorney shee is, one thowsand three hund** pownds
of Tob. according as is mentioned & specifyed in the defts Bill.
The Court adiomed by the Gouemo* till to morrow morning 8
dock.
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74 Provincial Court Proceedings, 1658.
Liber Thursday 29** Aprilis, 1658
1658 All Pn** as yesterday (Except M*" Nathaniel Vtye.)
Eva^ v! To the hon"* Josias ffendall Esq*" Leiuten* & Gou*^ of Maryland.
Gcrrard
The humble Pet" of Will" Euans.
Sheweth.
That about two yeares agoe, One Anne Browne possessed Certaine
cattle in her life time & l)aied in yo' Pet" howse, W** s** cattle, the s^
Anne did lett out to her father in Law, But the s^ Anne comming
to dye, distributed all her s^ cattle to diuers persons as Legacies, as
by her will appeareth, Amongst w*^** shee bequeathed One Cow, and
her encrease to yo' Pet" wife, W** Cow being then att her fores^
father in Laws plantaon & on M*^ Gerard Manno* The s** M' Gerard
hath wrongfully taken th* s** Cow, as his owne, & still dete)mes the
same from y' s^ Pef & his Wife, Making diuers strange pretences,
& allegadns both of the marke & other ; whereby to wrest the same
to his owne use & warrant the Detineu thereof, Ne)rther could yo*"
Pet' euer bring the s** M' Gerard to any Legall tryall therein, Hee
p. 39 still making some euasion or other, for to iustify his not appearing:
w** hath putt yo*^ Pef to much costs, charge, and dammage, Agst all
w** pretended allegaons of M' Gerard, yo' Pet' by diuers Oathes
formerly taken concerning th* p*ticular Beast, is ready to produce the
same, Prouing & confirming yo' Pet" iust Right & Tytle therto, in
behalfe of his s** Wife, The premises considered, yo' Pef humbly
Craueth th* hee may bee possessed w*** the s** Cow & her encrease, &
allowed for his Costs & hinderance therein, according to the usuall
presidents of this prouince & hee shall euer pray &c :
Uppon the Pet'' of Cap* Will" Euans, agst Thomas Gerard Esq'
concerning his the s** Gerards deteyning a Cow, & her encrease w**
the Pet' sayth doth belong unto him, on the behalafe of his Wife,
Thomas Gerard deft in answere sayth. That he fownd a Cow in the
myre & pulling her out & veiwing the mark, he fownd th* shee was
marked w*** his mark, & thereuppon dete)meth her-hauing formerly
lost some cattle, & about the Age of th* Cow, And w*** all, threw
downe uppon the Table both the Cowes eares, & the eares of a swine,
cutt of, for the Court to iudge of the resemblance & neareness of
both marks.
Vide Dc- The Depos"* being reueiwed & read in open Court & the euidences
^*"*6*Sf'7 ^PP^^ri^S cleare. The Opinion & Judgm* of the Court is. That the
marks are not directly the same, & That the Cow in dispute is Cap*
Euans Cow, It is thereuppon Ordered That the Cow, now in dispute
as a- fores** w*** her encerease be to the s** Cap* Euans.
As to the Costs & dammages The Pet' Craueth a Jury to consider
thereon, w^ was graunted.
In the meane time the Gouemo* adiomed the Court for a while
warr* to the Sheriffe to empanell a Jury of 12 men w*N)ut delay.
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Provincial Court Proceedings, 1658. 75
Sheriflfe retumeth his writt, & warned Liber
. , P. C. R.
forema'
James Veitch
Richard Hix
Walter Pakes
Will" Marshall
James Lindsey
John Potts
Will™ Berry ] Michael Baysey
Owen James V Thomas Belcher
Rob* Kingsbury J John Reade.
And a while after the Court being Satte, The Jury returned their
Verdict in Writing (Viz) Wee find for the irff Seauen hund** pownds
of Tob, w^ costs of suite. And the Court Ordered th* the Verdict
of the Jury be entred for the Judgm*
Uppon the demand of Cornelius Johnson pif agst Henry Thick- Johnson v.
penny deft, in an accon of debt, The pif being called, & not appearing, vid7(5^r^
It is Ordered th* in case the pif appeare not before the last day of p. 46
this Court, hee be nonsuited, & pay charges of Court.
Sub pena to the Sheriffe attending the Court, to wame Rob* Goodridgc
Taylor & Giles Sadler, to make their personall appearance w***out ^* ^^^
delay, to testify in a cause, depending, betwixt James Jolley, &
Timothy Goodridge att JoUey's request.
To the R* hon"* the Gou* & Cotmcell for the Prouince of Mary- p. 40
land, sitting in the Cou** of Chancery
The humble Pet** of John Cornelius & Walter Pake, Sheweth, That Corndius ct
Philip Land in June last was Tweluemonth sold to yo*" Pet** 200 ^' ^' ^^^^
Acres of Land, Lying att the upper end of Abbingtons Cliflfts in
Patux* R)aier, for 2000* of Tob & cask. And subscribed an ingagem*
in writing under his hand for p* f ormance thereof ; Thereby obliging
himself e in Septemb*" then next coming to deliuer yo' Pet** full &
quiett posses" thereof, & then to make them a firme Bill of Sale w^
warranty agst all persons, & (a Couen* to procure them att his owne
charge (assoone as Patten ts were to be obte)med) a Patt* in their
names for the s** Land : & thereuppon, & uppon noe other consideraon
yo*^ Pet" passed their Specialty to the s** Philip Land, for the paym*
of 2000* of Tob & cask att a day past. That the Land soe sold, was
neuer shewen to yo*" Pet** nor any posses" euer tendred, nor any
performance att all since made, By meanes whereof the s** Specialty
passed by yo' Pet** became insignificant & Voydable, in all equity &
good conscience: & ought to haue bene uacated. But the s^ Land
intending to deceiue & defraud yo*^ Pet** w^out their consents or
priuity assigned the s** Specialty to Cap* John Barrife deceased: &
soe it came by Ires of admistraon to Cap* Will" Euans ; who since
assigned the same to M' Symon Ouerzee & yo*" Pet** are in danger of
being sued thereuppon, allthough noe performance hath bene made
of the consideraon uppon w** the s^ Specialty was passed, That yo*
Pet" are damnifyed by the s** Lands not performance aboue loooo*
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76 Provincial Court Proceedings, 1658.
Liber of Tob. & cask, But ycf Pet" cannot enidence the truth of their case,
P. C R. j^^ common Law, because the s** Lands engagem* is since casually
lost, Yo' Pet" therfore pray th* the s** Philip Land may be compelled
to sett forth the truth of all the premises uppon oath ; th* soe yo"" Pet"
may by yo*" Hon" Order haue such releife, as in yo' Graces Judgm**
shall seeme to bee agreeable, to right, equity & good conscience. And
yo*^ Hon" Pet" shall eu* pray &c :
Ph : Lands answere.
To the hon^ the Gou* & Councell of Maryland.
Whereas John Cornelius & Walter Pakes haue preferred a Bill in
Chancery agst me Philip Land, concerning 200 Acres of Land sold
by mee to the s** Cornelius & Pake, I gyuing them a Bill of sale for
the s^ Land, & warranting the sale thereof, agst iust daimes. And
moreouer certifyed them, th* M*" Lewger would giue them the
Certificate of the Bownds of the s** 200 Acres ; w** M*" Lewger told
mee, hee had promised to them. But they pretended there was noe
Land to be fownd till now as I know of. And now I haue prouided
the Land according to my Couenant w*** them. They would (as far
as I conceiue) not pay the Tob. notw^standing Walter Pake did
promise Cap* John Barriffe paym* of the s^ Bill att Patux* & Cap*
Barriffe accepted of it, in Leiw of a Bill hee had of mine, w*** he
brought out of Virginia. And this is in answere to the Bill in
Chancery, w*^'* is nothing but the Truth, as neare as I can rememb'
to the w^ I will be ready to make Oath.
Phillip Land.
I desyre th* they who were att the bargaine making may be swome
& M*^ John Lewger.
p. 41 Uppon the Bill exhibited in Chancery by John Cornelius & Walter
Pake agst Philip Land. James Veitch swome in open Court, sayth,
That M*^ Land sold 200 Acres of Land to the exhibiters, & was by
condicon (w^** this Dep* drew) to procure & giue them a Patt* when
Patt** were to be graimted, & to ddiuer them posses" of the s^ 200
Acres of Land in the winter following, And the Court finding That
the Deliuery of the Land, was not made by Philip Land, as was
requyred, as Cap* Will"* Euans testifyed uppon Oath deliuered in
Court, It is Ordered th* th* Exhibiters haue their Bill returned, &
gynen up to them w^out further trouble. And because the Bill was
not in M' Lands hands but by Assigm** made ouer to M' Symon
Ouerzee. It is further Ordered That the Bill bdng gyuen up to the
Exhibiters by Order afores**. That Philip Land pay to M' Symon
Ouerzee Two Thowsand pownds of Tob. to whom the Bill was
assigned, & had the s** Bill in posses" w*^ Costs of suite to the
Exhibiters.
Land v. Uppon the demand of Philip Land pif , agst Will" Marshall deft
Marshall in an accdn of the case for 2000* Tob. The pif not being able to proue
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Provincial Court Proceedings, 1658.
77
what he alleageth agst the deft. The deft craueth th* the plf be Liber
nonsuited, w^ is OMered accordingly. P. C. R.
Uppon the Pet" of Richard Hix, agst Sampson Waring, for per- Hix v. War-
mitting one Thomas Branson to depart out of his custody, (hee being "*^
then Sheriflfe) & who was indebted to the Pet"^ in 800* Tob. & under
exequuon &c: Respited till next Court.
Uppon the pet* of John Reade, complayning agst Cap* Will"* Rcadc v.
Mitchell, flfor th* hee the s^ Mitchell had disposed of the one halfe of ^itchdl
a mare, w** mare was betwixt the Pet* & the s"^ Mitchell ; The halfe
afores** cost the Pet*^ 1600^ Tob. And now the s** Mitchell hauing sold
the whole mare, contrary to agreem* made, & w*^out the Pet" priuity,
The s^ Cap* Mitchell deft being called, & not appearing, nor any
Attorney for him, to make answere thereto. It is Ordered th* the Pef
may take Attatchm* uppon any the Estate, of the s^ Mitchell, if he
please; bringing him tiiereby, to a Legall tryall, may obtaine satis-
faction, according to his demand, Attatchm* to the Sheriffe of Calu*t,
according to the Order Ret. next prouinciall Court, to be holden in
Septemb*" next.
Robert Taylor deposed, Sayth, th* the Bill of 1600* of Tob, w** Goodridgc v.
James JoUey passd unto Timothy Goodridge was for a Boy seru* ^^^^
w** Will™ Philips hath now receiued of the aboues^ Timothy, This P- 42
Dep* sayth, th* when the s** Timothy came to this Deponts howse, he
heard the s** Timothy promise the s** JoUey his Bill againe of 1600*
Tob. But att th* p*nt Timothy had it not about him, but told him hee
should haue it, & further this Depon* sayth not. This Depos" is
acknowledged in this Court. •
Januar. 2^, 1657, taken by Woodman Stockly & Will" Parrott
Giles Sadler deposeth, saying th* he being att an agreem* betwixt
Timothy Goodridge & James JoUey, heard the s^ Timothy promise
the s** Jolly if in case he had the seru* againe : Then the s^ Timothy
would retume the s** JoUey his Bill againe for the seruant, & further
this Depon* sayth not
Swome 2d Jan. by Commis" Supra
This Depos" is allso acknowledged before this Court
Uppon the Pet" of Timothy Goodridge pii agst James Jolley deft,
touching the suite depending betwixt them, & not determined, but
referred to the next Court : & craning a finall issue therein, A Jury
is desyred by them, & Graunted.
Warr* to the Sheriffe to summone a Jury of 12 men forthw***
Sheriffe Retumeth his writt & warned.
Symon Ouerzee
John Potts
John Ashcomb.
Henry Hooper
Peter Joy
Arthure Wrighl
Walter HaU
Philip Land
JohnWhinfeU
Will"* Dorington
"Rich: Hix
James Lindsey
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78 Provincial Court Proceedings, 1658.
Liber The Jury returned their Verdict in writing (Viz) The Jury finds
P. C. R. "Yhait James Jolley shall haue in his Bill, w^ Twenty pownds of Tob.
damage of Timothy Goodridge, And th* James Jolley pay unto the s^
Timothy Goodridge Seauen hund** pownds of Tob forthw^, w**
appeares by Oath due to the s** Goodridge, but not apperteyning to
the Bill, And it is Ordered th* their Verdict be entred for the Judgm*
of the Court.
Thomas Whereas an Order of Court hath formerly bene entred on behalfe
janToton- ^^ ^^ P*^> ^^ february last, as appeares uppon Record for Seauen
head hund** & Twenty pownds of Tob. And the deft not being able to
shew any cause, why it should be reuersed. This Court doth Judge
th* the deft pay the plf the s** Seauen hund** & Twenty pownds of
Tob, w^ costs of suite, according to the former Order.
Eltonhead v. Whereas Edward Eltonhead p* Attomat, Josyas ffendall Esq'
Eltonhead q^^t ^f ^i^jg prouince. Producing a Bond or Obligaon under the hand
& Seale of Will" Eltonhead deceased, for the paym* of ffifty Three
pownds. Ten shillings sterl. as by the s^ Deed more att large ap-
peareth. And the deft (being Admistratrix to the Estate of the s**
Will" Eltonhead her deceased husband) not being able to proue the
p. 43 paym* of any part thereof. It is Ordered by this Court That an
Inuentory of the s^ Estate, be gyuen in uppon Oath, by the Ad-
mistratrix w*^in one month, & th* the estate soe Inuentorized bee
appraysed by the Oath of Henry Coursey Gent" Robert Taylor,
George Reade and Bamaby Jackson, or any Two of them. And th*
the s^ Admistratrix satisfy the s** Bond, out of the s^ Estate. And
because all money debts are payd w^ Tobacco in this Country, It
is Ordered likewise That the pif take Tobacco pickd & culld w*^out
seconds & grownd leaues att Two pence Sterl p* pownd.
And the Admistratrix of Will" Eltdhead Deceased desyred to
make tender of the Estate in Satisfaction of the Debt mentioned in
the afores** Order. Whereuppon the Court considering th* noe
Admistrator is by Law bownd to pay further then they haue receued
Assetts, Doe Order th* the s^ Edward Eltonhead or his Attorney, be
possessed w*** the s** Estate, to be disposed of for his satisfaction,
And to th* end th* an Inuentory be deliuered in uppon Oath by the s**
Admistratrix, & th* the Estate soe inuentorized bee appraysed uppon
Oath, as in the former Order graunted in this cause. And th* the
Admistratrix bee allowed her Dowry, according to the Law & Cus-
tome of England.
Eltonhead v. Jane Eltonhead pif produceth a Bill of the Defts of Two Thow-
ffendall g^j^j pownds of Tob in cask. The Deft acknowledgeth a Judgm* for
Two Thowsand pownds of Tob, as is demanded, & Ordered th* it be
soe entred.
The Court adiorned by the Gou®, till tomorrow morning
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Provincial Court Proceedings, 1658. 79
April! 30^ 1658 Liber ^
All P*nt as yesterday, & M^ Nath : Vtye. i^sSj^
This day Came James Jolley & acknowledgeth a Judgm* in open Jordan v.
Court To Tho : Jordan of London Merch*, his heyres admistrato*" ^^^^^
or Assignes for One Thowsand & Thirty pownds of Tob in cask.
The same day allso came the fores'^ James Jolley, & acknowledgeth Hix v. Jolly
a Judgment in open Court to Richard Hix, his heyres admistrato**
or Assignes for fiue hundred pownds of Tob. in cask.
Allso the s^ James Jolley acknowledgeth a Judgm* in open Court Senscrf v.
to Walter Senserf, his heyres, admistrato** or Assignes for One ^^^
Thowsand Three hund** Thirty Three pownds Tob. in cask w%ut
grownd leaues uppon a Bill dat. 29 Apr. 1658
Uppon the Pet" of Walter Hall, agst Henry Payton, Concerning a Hall v. Pcy-
Boate w^'* Henry ffox lent to the s^ Payton, & w^'* the s^ Walter Hall ^^
hath right unto, by marrying the Relict of the s^ Henry ffox &c : It
being proued th* there hath bene an Attachm* graunted & serued
uppon a Debt of the s** Pa)rtons in Leiuten* James Lindseys hand
thereby to bring the s** Henry Payton to answere, & he neuer ap-
pearing. And uppon the Oath of Walter Pakes who affirmeth in
open Court That he was bu)ring the s** Boate of Henry ffo?c about a
month or thereabouts before th* Boate was lent to the s** Payton, &
prof ered 500* Tob, for the s** Boate & Sayle, & the s** ffoxe profered
the s^ Boate for 600* Tob to the Depon* It is Ordered th* the Pet'
haue a new Attatchm* for Twelue hund** pownds Tob. & In case the
s** Pa)rton appeare not e)rther by himselfe or Attorney att the next
Prouinciall Court, Then the Pet' to haue Judgm* for six hund**
pownds Tob, w*** costs & dammages.
Uppon the Pet** of Elizabeth Robins, clayming a Reference till Robins v.
next Court, Rob* Robins husband to the s^ Elizabeth desyres th* a ^®^""
Reference be not graunted : But th* the business w** hath bene form-
erly here in dispute, may come to a finall tryall & issue att this p*"*
Court. But the Pet' alleaging th* shee hath not her wittnesses ready,
& the persons lyuing about Wicocomoco Ryuer. It is Ordered That
this cause bee referred to the next County Court, to be held in Charles
County, & both parties to expect their tryall, there, & to bring their
wittnesses thither.
James Lindsey demands Lres of Admistraon uppon the Estate of Re An-
Symon Antonio as Cred* unto it in the summe of 2162* Tob. due by ^te^*
Bill & accompt
Ordered th* he haue Lres of Admistraon, as being greatest Cred*
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8o Provincial Court Proceedings, 1658.
Liber Uppon the demand of Richard Smith pif , agst John Pott deft for
^.^- ^ 962* Tob & cask. Subpena to the Sheriff e to warne Sampson Waring
Pott to testify, Cap* Sampson Waring deposed in open Court, Sayth, That
he this Depon* went along w*^ the pif to John Potts the def ts howse, &
there ueiwed one hogshead of Tob. w** appeared to this Depon**
ueiw to be good Tob. both att the top, & on the sides of the hogshead :
But being broken open Wee fownd frost bitten Tob packd therein,
And a good while after comming againe to the defts howse, & uew-
ing the same hoagshead againe (as this Depon* thinketh) this Depon*
receaued it, & payd it away to M*^ Henry Meeze uppon the pif s owne
accotint, & uppon noe other account It appearing to this Court, uppon
p. 45 accounts balanced betwene Richard Smith pif, & John Pott deft,
Tliat there remaines due to the sayd Richard Smith 853* of Tob.
It is Ordered by this Court that the s^ Smith shall be payd his I?ebt
of Eight hund** fifty three pownds of Tob, afores** w^ costs of suite.
The Court adiomed by the Gouemo* till aftemoone.
All P^t as afore.
Carey v. Thomas Jordan merch* aged 24 yeares or thereabouts swome &
Hooper examined sayth. That hee this Depon* had a Certaine parcell of
Copper Lace of M*" Thomas Caryes, The w^ Lace, he the s** Depon*
further sayth, th* hee deliuered unto M*^ Henry Hooper, the s** Hoop-
ers Wife, being att the same time present, to bee by them deliuered to
the s** Carye
Jurat Cora* nos the 18*^ of March instant Thomas Jordan.
Rich : Preston/Mich : Brooke.
Uppon the demand of Thomas Carye pif, & Henry Hooper deft.
Concerning Copper Lace, & a Syluer Tankerd ;Thomas Carye de-
posed in Court sayth. That the Tankerd cost him fine pownd. Eight
shillings, three pence, att the first penny in England. And all ac-
counts being balanced in Court, betwixt the irff, & M' Nutt, for whom
the pif is Attorney, & the deft. It is Ordered th* the Deft pay
unto the irff , uppon demand Six hund** twenty Eight pownds of Tob.
in cask, otherwise Exequuon. And further th* the irff , giue the deft
fowre pownds, att his retume next Shipping, the Remainder of a
Bill due from James Cary, or ells his Bill againe.
Dorington v. Uppon the Pet"* of Will" Dorington pif, agst Henry Meese deft,
Meese Mer. j^j. deteyning a Bill, w*^'* the Pet' passed to Bossell Little, for 4124*
Tob. The parties haue agreed betwixt themselues.
Hooper v. Uppon the Pet" of Henry Hooper pif, agst Tobias Norton deft,
Norton shewing th* a reference being graunted to the deft, att the Last Court
to be determined the next Court following. The deft alleageth, th*
hee had neyther notice, or summons to appeare this Court It is
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Provincial Court Proceedings, 1658. 81
therfore Ordered th* this Cause bee respited till the next Prouinciall Liber
Court, to bee held in Septemb' following. ^- ^' ^
Uppon the Pet" of Thomas Philips, agst Cap* Will* Mitchell for Philips v.
uniust Molestaon & trouble. The s** Mitchell not appearing nor any M>*ch«W
Attorney from him, att this Court, (& this being the last day of the
Court, & the Court ready breake up) the Pet*^ desyres an Nonsuite,
w*^ costs of suite. And bringing in his accotmt in Court, for 476* to the
Tob : Being for seuerall dayes his attendance in Court. It is Ordered p«J^ 99
th* the s** Mitchell be Nonsuited, & th* the Pef be allowed fowre shcr: 100
hund** & seauenty pownds Tob: w*^ other costs beloinging to this —
suite, as is demanded.
Exequuon issued out thereuppon according to the Order.
of S* Maries
Whereas Cap* Will" Mitchell hath exhibited a Bill in Chancery MitcheU v.
agst Thomas Gerard Esq' about fowre Cowes att a Court held att ^^^^^
Patux* in Deceml/ last, & reference being Graunted unto this Court,
The s** Will" Mitchell not appearing eyther by himself e or Attorney, p. 46
& this being the last day of the Court, It is Ordered by this Court th*
the sayd Bill be dismissed, & the s** Mitchell to pay costs of suite.
John Harwood (p* Attomat Cap* Will" Kuans) deft, Craueth a Stone v.
Nonsuite agst Cap* Stone pif , who not appearing this Court, neither ^*"^^^
by himselfe, or Attorney, & this being the last day of the Court It
is Ordered th* the plf be nonsuited.
Bartholomew Phillips (p* Attomat, James Langworth) deft. Stone v.
Craueth likewise a nonsuite agst the pif, who not appearing, this ^'^^^
Court, It is Ordered th* the pif be nonsuited.
Henry Thickpenny p* Attomat Peter Joy craueth a Nonsuite agst Johnson v.
the s** Johnson, w** is graunted, according to the Order yesterday Thidcpenny
passed afore noone Aprill 29® Vid. pag. 39.
Uppon the Pet"* of Thomas Markeyne pif, agst Will" Chaplane Markeync v.
deft; the Pet' alleageth great preiudice, & detriment susteynd by ^^P^
him, in th* the deft (the Pet"^ being lame) cutt of a io3mt in one of his
toes w^out the approbaon of a Chyrugeon. Ordered th* the Case be
respited, & determined att the next County Court, to be held in the
County of Caluert.
To the hon^ Josias ffendall Leiuten* of the prouince of Maryland Prowietary
& the rest of this Honble Court. ^- ^^^^
The Humble Pet« of James Veitch.
Sheweth
Whereas yo' Pet' did exhibite the Accounts both for himselfe &
the Qarke, for the imprisonm*, & other necessary & usuall charges &
6
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82 Provincial Court Proceedings, 1658.
Liber ffees, concerning the tryall executing John Dandie ; as by their the
P. C R. s<* Sheriffs yo' Pef & Qarks accounts appeareth, before a Prouinciall
Vide 10 Md. Court held att Patux* for the sayd prouince the 5^ Octob*" 1657.
Shiff ' JS ^"^ *^ ^^ Court hauing examined the sayd accounts, did order th*
a. 0622 fiue thowsand two hund** & twenty pownds of Tob to yo"^ Pet^ & six
■^ hund** Twenty Two pownds of Tob. to the Qarke, to be forthw^
satisfyed unto yo"" Pef & Qark, or else exequuon.
Re Simp. It is Ordered th* the Pef haue, according to demand, in this Pet"
Owen James, as Cred* to the Estate of Paul Simpson 2400* & Walter
Pake being likewise Cred* 1306* demand ioyntly Lres of Admistraon
on the Estate of the s^ Paul Simpson Deceased. Ordered th* they
haue Lres of Admistraon ioyntly granted them.
p. 47 Rob* Qarke Esq"^ demandeth an Attachm* uppon the Estate of Cap*
^itdieTi ^^"" Mitchell, to the ualew of 2506* Tob. on the behalfe of Cawsins
Childre
Cornwaleys To the hon"* the Lieut* Grafl & Councell of State for the Prouince
^•^^^^ of Maryland
The humble Pet" & Complaynt of Thomas Cornwaleys
Sheweth
That whereas Co** ffrancis Yardley & Nathaniel Batt both of
Virginia for a good & ualuable consideraon to them in hand payd
by the s** Tho : Cornwaleys, became bownd unto the s** Thomas Q)m-
waleys his heyres & Assignes in the penalty of fiue thowsand weight
of Tob, w*** cask, for the deliuery of Two Indian yowths, unto the
s** Tho : Cornwaleys, or his Assignes, As by the s** Obligadn doth &
may appeare, W** s** Indians were not brought to the place appointed,
nor euer deliuered to the s** Compl* ffor default whereof the visible
Estate of the s** Co** Yardley was attatched w***in the fores** prouince.
And was Bayled by M"^ Job Chandelor, & one Goulding, who became
bownd to the Sheriffe, to secure the s** Estate till further Tryall att
Law, should determine the s** btisiness, as by their Obligadn in the
hands of Cap* Sampson Waring Successo' to the former Sheriffe
doth & may appeare Since w*** time the s** Thomas Cornwaleys being
out of the prouince, there hath bene noe proceedings in the s** busi-
nes, And the s** Gowlding being Dead, The s** Thomas Cornwaleys
humbly prayeth that processe may issue agst the s** Job Chandler
to produce the s** Estate, or giue satisfaction to the s** Thomas Corn-
waleys for his debt, & dammage, & hee shall pray &c :
Whereas the Estate of Co** Yardley (now being att Portobacco in
the prouince of Maryland) wholly attatched for the use of Cap*
Cornwaleys debt : & Rich : ffoster his debt : & Tho : Marsh. Know
all men by these p*nts th* I Job Chandler & John Goulding doe ingage
o*selues for security of the s** Estate, unto John Smith, the present
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Provincial Court Proceedings, 1658. 83
prouinciall Sheriflfe xintill further tiyall be had in court therein. In Libcr
wittnes whereof Wee haue Sett o* hands this 7^ of May 1655 ^- ^- ^
Signed in the p*nce of Vs Job. Chandler
James Veitch John Goulding
Geo : Burbage.
Ordered according to the pet" th* prcesse issue agst M' Job Chand-
ler & be determined next Prouinciall Court.
Proclamaon being made by the Sheriflfe, & noe one hauing any Adjourn-
Business to be heard & determined, The Gouemo* dissolved the ^^^^^
Court
And appoynted the next Prouinciall Court to be held on the first
Twesday in Septemb' next (Viz) 8** Septemb'
Here are Recorded such Entryes, Depos"* Commis" & proceedings p. 48
done & taken during the Court.
Jacob Lumbrozo demandeth warr* agst Anthony Galloway in an Lumbroro v.
acc6nofDebtof6o6»Tob. Galloway
Warr* to the Sheriflfe of Anarundel County to arrest &c : Ret. next
prouinciall Court, to be held 8® Septemb"" next.
Subpena to the Sheriflfe of S* Maries, to wame John Bolaine to Robins v.
bee att the next County Court, to be held in Charles County to testify ^^^'"*
his knowledge in a Cause depending betwixt Robert Robins & his
wife
Subpena allso to the Sheriflfe to wame Phillip Land, & Timothy
Goodridge to testify in caa Supra.
Subpena to the Sheriflfe to warne Rob* Kingsbury to testify in caa Goodridge
James JoUey & Timothy Goodridge, att Jolleys request ^' '^-^
Thomas Thomas, lyuing att S* Leonards Aged 34 yeares or there- Johnson v.
abouts examined 29 Aprill, Sayth uppon Oath, That Cornelius John- ^hickpenny
son had from Will" Batten, uppon his this Depon** account, some
quan*5^ of strong drinke, but what quan^^^ he cannot say. And that
for the strong drinke Henry Thickpenny satisfied him this Depon^
out of wages dew from the Depon* to the s** Henry, & this is all he
can say in this matter.
Jurat Cora* Ed : Scott.
John Chareman maketh Oath Aprill 29, 1658, That hee this Re An-
-- -- - tonic*- ^
tate
Depon* saw M"^ James Lindsey deliuer into the hands of Symon ^^"'^ *
Antonio a Gun, in Satisfaction of a Cow Calfe. And hee the s^
Antonio seemed to this Depon* to be well contented.
John Lewger aged 30 yeares or thereabouts swome & examined Re Henry
this 28 day of Aprill 1658, Sayth That to the best of his this Depon** ^^^
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84 Provincial Court Proceedings, 1658.
Ubcr knowledge ffrancis Brookes had of Henry ffox, Two Cowes and a
P. C R. hogshead of Tob, for the releasing of Two seniants taken by the
Sheriflfe in Exequudn & further sa)rth not
John Lewger gent" aged 30 yeares or thereabouts 28 April 1658,
Deposed, Sa)rth That about ffebruary in the yeare 1656, hee this
Depon* heard Henry ffox demand of Cap* Will" Mitchell, the White
Howse standing att S* Maries, & the s** Mitchell replyed th* the s^
ffox had noe Tytle or interest therto : & therf ore bad him beg one out
of it, And .th* att the same time, hee did see the s** Cap* Mitchell, take
the s** ffox by the shoulders, & tume him forth of doores, & further
sayth not.
Jurat, Cora* Ed. Scott
p. 49 John Odber Aged 36 yeares or thereabouts, swome 28*** Aprill
^"^^^^Is ^^5^ ^y*^ ^^^^ ^^"^ October last was tweluemonth he this Depon*
heard M"" Rich. Harris condicon & agfree w*^ James Mullikin, That
if hee the s** James would seate his plantaon, w*** some seruants, th*
hee the s^ Harris would place w*^ him to helpe build & cleare the s^
plantadn. The Crop being finished hee the s** M' Harris did promise
to giue him Three months worke w*^ an able hand, for his winters
worke, & further hee cannot depose.
Jurat Cora* Ed : Scott
Re Douty James Veitch Aged thirty yeares or thereabouts 28 Aprill 1658
Swome & examined sa3rth That hee, about the end of ffdbruary, or
banning of March last, as neare as he can remember, did by chance
meete one M"" Randal Reuell of Accomack, & in discourse asked him
if hee knew one M"" Dowty, a Minister in Accomack. This depon*
continuing his discourse saying th* he knew a freind of the s^ M**
Dowtyes, th* would willingly haue procured him a Benefice in Patux*
Ryuer, if the Inhab** of Accomack would giue way th* hee should
come from thence. And the s** Randall replyed, th* he knew the s**
M' Dowtye would not bee for their tume, ffor th* hee knew him to
bee a man gyuen to many uices, & easpecially to drinking, & further
hee sa)rth not
Jurat Cora* Ed : Scott
Chareman v. James Lindsey Aged 32 yeares or thereabouts 30*** Apr. 1658
Boreman deposed, sayth, (att the request of John Chareman) That hee know-
eth very well, th* a certaine Crop of Tob, w*^ Will" Boreman, & John
Chareman were partners in, att Nangemy, was lost & spoyled for
want of Cask, & more he cannot depose.
Jurat Cora* Ed. Scott
Christopher Joanes aged 23 yeares or thereabouts 30*^ Aprill 1658,
deposed, sayth, (att the request of John Chareman) That the Crop,
as in Oath former, was utterly spoyled for want of Cask, Save only
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Provincial Court Proceedings, 1658. 85
Three Cask was made up, The rest spoyled for want of help to strike Liber
it, & cask to putt it in. And further this Depon* sayth th* John ^- ^- ^*
Chareman was ready att all times, to exspect helpe from M*" Boreman
to strike & cask the s** Tob. & further sayth not in this matter.
Jurat Cora* Ed : Scott.
mark Cattle, Jarboc's
John Jarbo entreth his mark of Cattle, (Viz) The Right eare ^^*^^
slitt, The Left eare Cropd, & ouer & under keeld.
Timothy Goodridge aged 27 yeares or thereabouts, (att the behalf e p. 50
of Rob* Robins) swome & examined sayth this 30*^ Aprill 1658, J£| ""•
That hee this Depon* heard Rob* Robins aske his Wife this uery day,
whither or noe shee would sweare th* That Child, shee then carryed
in her armes, was begotten of his the s^ Rob* Robins body. Shee
replyed th* shee would not sweare it Then he asked her, if hee
should sweare, th* the child was none of his. Shee answered noe, hee
should not, & further he sayth, hee cannot depose.
Jurat Cora* Ed Scott.
Philip Land aged 50 yeares or thereabouts, Swome & Examined
Eode die, Sayth, That hee heard Rob* Robins ask his Wife, Whither
shee would take her Oath in open Court, That the Child shee had
then in her armes, was begotten by him the s** Rob* Robins, shee
replyed shee would not, & further this Depon* sayth not.
Jurat Cora* Edw. Scott.'
Christopher Goodwicker aged 30 yeares or thereabouts swome &
examined Eode die. Whither or noe he remembers th* Rob* Robins
caird him aside att the former Court held att Patux* & whither hee
heard the words w** Will" Whittle then spake, To w^ hee answers,
th* he remembers not, th* the s** Robins did call him aside, nor any
words spoke or uttered by the s** Whittle concerning the s** Robins
Wife. But hee sayth how he heard Margarett Bassett, & Sara
Yowng say. That the s^ Rob* Robins Wife had taken Sauen two
seuerall times. Pretending to the woemen th* it was for the wormes,
& further sayth not.
Jurat Cora* Ed Scott.
The Depos" of John Shirtcliflfe aged 40 yeares or thereabouts Gerard v.
swome before Robert Slye Jan : 4*^ 1657. VW^Mit-
This Depon* sayth, th* to the best of his knowledge Seauen hund** ch«ls Oath
& twentye weight of Tob. was payd unto Cap* Mitchel, or his As- DccanbS ^
signee or assignes about the 14*** day of May 1657, it being part of ^^7
the Tob. due by uertue of a Bill bearing date July 21*^ 1656, of
1219* Tob. W*** s** Bill this Depon* hath had in his custody this
tweluemonths last past, or thereabouts & lately Ordered by Court
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86 Provincial Court Proceedings, 1658.
Libcr to deliuer it to M"^ Tho : Gerard. And further this Depon* sa)rth,
P. C R. 'pj^j^^ j^^ comming to Will"* Yownge hee this Depon* being earnest to
repayre home, hee s** to the s** Will"* Yownge, When doe yo" goe
home I must goe for a Receipt att yo*" howse, w*^^ M"^ Gerard hath
. requested mee to take for his use ; The s^ Will"* Yownge replyed, I
would not haue you doe soe, for Cap^ Mitchel hath spoke to mee,
p. SI that this Tob. might goe uppon some other account of my owne, or
words to th* purpose. Hee the s^ Depon* answered againe, M'
^ Gerard being his f reind, Will"* Assiter being a poore man, hee was
not willing hee should loose his seruant, as M** Gerard pretended hee
would haue, in case the s** Tob, due uppon the s** Bill, were not payd.
And this Depon* being then not about to goe the direct way home,
wish'd M*" Gerard to call for the s** receipt w** he spake to the s**
Will"* Yownge of.
Jurat Cora* Rob* Slye. John $ Shirtcliffe
The Depos" of Richard Bennett, aged 44 yeares or thereabouts,
Swome before me Rob* Slye this 4*^ Jan. 1657.
This Dopon* Sa)rth, th* about the 14*** of May 1657 hee payd
Seauen hund** & Twenty weight of Tob, to Thomas flfowke, then
seruant to Cap* Will"* Mitchell, & he beleiueth the s^ Thomas ffowke
receiued it according to the s** Cap* Mitchells order, W^ afores** Tob,
was payd, as being part of the Tob, payable uppon a Bill of 1219*
Tob. W^ s^ Bill, was left in the custody of John Shirtcliffe, & the s^
Thomas flfowke after paym* thereof, sayd if this Depon* would goe
to John Shirtcliflfe, hee would sett downe soe much receaued on the
backside of the Bill. The Depon* replyed, hee would not goe att this
time, a Receipt should serue.
And this Depon* further sa)rth th* since the s** 720* of Tob was
receaued he heard by Will"* Yownge, That Cap* Mitchell sayd the
Tob was good which hee receaued of him.
Richard fO Bennett
Jurat Cora Rob* Slye.
May the 14*^ (57)
Receiued before the day aboue written of Richard Bennett the
summe of 700 & 20* of Tob. in part of a Bill of Twelue hundred
and nineteene. I say receaued by me Thomas flfowkes.
Sheriffs Ap- Cap* Nicolas Gw)rther constituted & appoynted Sheriflfe of S*
pointed Maries & Charles Counteys, Swome in open Court, Oath infra.
M' John Norwood appointed Sheriflfe of the County of Anarundel
& swome in open Court.
M*^ John Coursey appointed Sheriflfe of Kent County, & swome
cum reliquis.
M*" Will"* Coursey appointed Sheriflfe of the County of Caluert
Swome, Eod. die.
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Provincial Court Proceedings, 1658. 87
The Oath of Sheriffe. Liber
P. C. R.
Yo" shall well & truly serue the Lord Proprietary of this prouince P- 52
in the Office of Sheriffe of N Yo" shall truly & rightfully treate
the poeple oi yo*" Sherifwick, & doe right as well to poore as to rich
in all that belongeth to yo' s^ Office. Yo^ shall doe noe wrong to
any man, for any gwift, fauo*, hate or other affection. Yo" shall
duely exequute, soe far as yo" may, all such writts, & warrants as
shall bee to yo" directed by lawf ull authority, & therof yo" shall make
true retume, according to the tenor of the writt. Soe helpe yo**
God&c:
Caecilus Absolute & Prop* of the Prouinces of Maryland & Aualon, Commission
Lord Baron of Baltemore &c : To John Hatch, James Lindsey Henry Q>^ty
Adams, Edward Parks, James Walker & Robert Hunley Gent" Vide 3 Md.
Greeting, Know yee That Wee for the ease & benifitt of the Poeple ' ' ^'
of this o* Prouince & for the spedyer & more exact Admistraon of
Justice haue erected, & doe by these p^sents Erect all th* Tract of
Land of this o* Prouince of Maryland Bownded with West Wicoco-
moco Ryuer, up to the head thereof, & Sowth w*** Patowmeck
ruyer from the mouth of Wicocomoco up as high as any Plantaon
xmder o* gouerm* is now seated. And from thence w*** a right Line
drawne from such plantaon as afores** to the head of Wicocomoco
Ryuer, into a County, By the name of Charles County, in honou* of
Our only Sonne & heyre apparant Charles Caluert Esq"" And for the
great trust & confidence. Wee haue in yo' fidelities, circumspections,
prouidences, & wisdomes haue constituted, ordeyned & appointed &
doe by these p*nts constitute, ordaine & appoynt yo" John Hatch,
James Lindsey, Henry Adames, Edward Parks, James Walker &
Rob* Hunley, Gent" Commissioners Joyntley & seuerally to keepe the
Peace in Charles County afores** And to keepe & cause to be kept all
Lawes & Orders made for the good & conseruaon of the Peace, & for
the quiett rule and gouerm* of the Poeple in all & euery the articles
of the same. And to chastice & punish all persons offending agst the
forme of any the Lawes & Orders of this o* prouince, or of any of
them in Charles County afores** as according to the forme of those
Lawes & orders shall be fitt to be done. Wee haue allso constituted
& ordayned yo" & euery f owre or more of yo", of w** yo" the s^ John
Hatch (unlesse some one of o* Councell bee p^sent) arc allwayes to
bee one ; Commis** to enquyre by the Oath of good & lawf ull men of
yo' County afores** of all manner of ffellonies, Withcrafts, In-
chantm**, Soceries, Magick arts. Trespasses fforestallings, Ingross-
ings, & Extortions whatsoeuer & of all & singular other misdeeds &
offences of w*** Justices of the Peace in England may or ought law-
fully to enqujrre by whomsoeuer, or whcnsoeuer done or perpetrated,
or w** hereafter shall happen to be done or perpetrated in the County
afores** agst the Lawes & Orders of this Our prouince, Prouided yo" p. S3
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88 Provincial Court Proceedings, 1658.
p y^ proceed not in any the Cases afores** to take life or member: but th*
in euery such Case yo" send the Prisoners w*** their Indictm*, & the
whole matter depending before yo", to the next prouinciall Court to
bee holden for this Our prouince, whensoeu*, or wheresoeu* to bee
holden, there to bee tryed, And further wee doe hereby authorize yo"
to issue writts, processe, arrests, & Attatchm** to hold Plea of heare &
Determine & after Judgm* Exequuon to award in all causes Ciuill
whither in accons reall or personally where the thing in accdn doth
not exceed the ualue of Three Thowsand pownd weight of Tob.
according to the Lawes, Orders, & reasonable customes made & used
in this Our prouince of Maryland. In w*^** causes Ciuill soe to be
tryed wee doe constitute, ordaine & appoynt the s** John Hatch to be
Judge as afores**, unlesse some one of Our Councell bee then in
Court. And therfore Wee command yo", th* yo" dilligently intend
the keeping of the Peace, Lawes, & Orders, & aU & singular other the
premises, & att certaine dayes & places w** yo", or any such flfowre,
or more of yo** as is afores** shall in th* behalfe appoynt, yee make
enquyries uppon the premises & per forme & fullfill the same in forme
afores**, Doeing therein th* w** to Justice apperteyneth according to
the Lawes, Orders & reasonable Customes of this Our prouince,
Sauing to vs the amercem**, & other things thereof to us belonging,
And wee command the Sheriffe Nicolas Gwyther by vertue of these
p*nts, th* att certaine dayes & places w** yo" or any such fowre or
more of you as afores**, shall make knowne to him, to giue his atten-
dance on you, & if need requyre, to cause to come before yo", or
any such fowre, or more of yo", as afores**, such & as many good &
lawfull men of yo*" County, by whom the truth in the premises may
the better be knowne & enquyred of & Lastly wee haue appoynted
Clarke & keeper of the Records of proceedings in this yo"^ Coxmty
Court, & therfore you shall cause to be brought before yo", att the s^
dayes & places, the writts, precepts, processe, & Indictm** to yo"^ Court
& Jurisdiction belonging, th^ the same may bee inspected & by a due
Course determined as a fores**, Gyuen under the great Scale of this
Our prouince of Maryland this Tenth day of May in the 26 yeare of
Our Dominion ouer the s** prouince, & in the yeare of o* Lord 1658.
Wittnes o* Right Trusty, & wellbeloved Josias ffendall Esq*^ o*
Leiut^ of the s** prouince
Josias ffendall.
Commisn St Caecilius Absolute Lord & Prop*^ &c. To Rob^ Slye, Cap* Will™
Qj*^ Euans, Symon Ouerzee Rich : Willan, Will"* Barton, James Lang-
worth, Rich: Banks, Tho: Mathews Gent" Greeting, Know yee th*
Wee for the great trust & confidence wee haue in yo' fidelities. Cir-
cumspections &c : in the County of S* Maries, And to keepe &c : Wee
haue allso constituted & ordeyned yo" & euery fowre, or more of
yo", of w*^** yo" the s^ Rob* Slye, William Euans or Symon Ouerzee
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Provincial Court Proceedings, 1658. 89
(xm\csse some one of our Councell be p*nt) are allwayes to be One. Liber
Commis^ to enquyre &c : In w*^ causes CiuUl soe to be tryed wee doe ^- J^- ^
constitute, ordaine & appO)mt the s^ Rob* Slye, Will" Euans, and
S)mion Ouerzee to be Judges as af ores^, Vnlesse &c : And wee com-
mand the Sheriflfe Nicolas Gwyther, of yo*^ County afores**, by uertue
&c : And lastly Wee haue appointed Roger Isham Clarke & keeper
&c : Gyuen under &c :
Josias ffendall.
Caecilius Absolute Lord & Prop*^ &c : To Henry Coursey Thomas Commitf*
Sprigge, Thomas Truema^ Michael Brooks Rob* Taylor & Philip qJuS^''^
Morgan Gent" Greeting Know yee th* wee for the great trust &c :
Wee haue allso constituted, and orda)med yo'* & euery fowre of yo'*
of w** yo" the s** Henry Coursey, Thomas Sprigge, or Thomas True-
man, Vnlesse some one of o"^ Councell bee present are allwayes to be
One. Commis" to enquyre &c: In w** Causes Ciuill &c: Henry
Coursey Tho : Sprigge & Tho : Trueman to be Judges as af ores*^ &c :
the Sheriflfe Will" Coursey by uertue &c: And lastly wee haue
appointed Edmond Scott Qarke & keeper &c : Gyuen under &c :
Josias flfendall.
Caecilius absolute Lord &c: To Richard Wells, Thomas Todde, Commisn
Samuel Withers, John Brewer, Anthony Galway, Roger Grosse, ^^j ^^"'
Richard Woolman, Robert Burle, Thomas Taylor, Thomas Besson,
Thomas Howell The s' Rich: Wells, Thomas Todde, Samuel With-
ers, Com", & Judges.
Caecilius absolute Lord &c : To Cap* Robert Vaughan, Philip Con- G>mis" for
ner, Thomas Bradnox, Henry Morgan, Joseph Weekes, Seth flfoster ^^kwiT^
Gent" &c : Yo" or any Three of yo" &c : Rob* Vaughan or Philip
Conner, to allwayes one Vnlesse &c : Commis" &c : & Judges &c :
Yo" shall sweare That as Commis* in the County of N. The Oath of
(in aU articles in his Lp» Commis- to yo" directed) yo« shall doe S'cSSSi?
equall right, to the poore, as to the Rich, to the best of yo"" Cunning, of a County
witt, & power, & after the presidents & Customes of this prouince,
& Acts of Assembly thereof made. And th* yo" hold yo*" Sessions, or
Courts, as yo" are directed in yo' Commis" or according to Acts of
Assembly prouiding in th* behalf e. And all fines, and amercements,
th* shall happen to be made, & all forfeitures, w** shall fall before
you, yee shall cause to bee entred w*out any concealement & certify
the same to his L^* Receiuer of this prouince, yee shall not debarre,
or hinder the prosequuSn of Justice, or take any gwift, bribe or ffee,
to th* intent, or delajring of Judgm* But shall behaue yo' selfe iustly
& truly, to the best of yo' understanding & power, soe long as yo"
shall persist in this Office : & untill yo'* shall bee by lawf ull authority
discharged therefrom. Soe helpe yo" God &c :
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90 Provincial Court Proceedings, 1658.
Libcr Robert Cole demandeth Lres of Admistraon uppon the Estate
liay^^ of Beniamin Gill deceased, as being next of Kinne, to the s** Gill,
, p. 55 in this prouince.
* ^tatc I^ ^s Ordered by the Secretary (Judge in Testamentary Causes)
that entring into Recogniz. he haue Ires of Admistraon drawne.
Recogniz This day came Rob* Cole of S* Qem** hund** in the prouince of
Robt Cole Maryland, & acknowledged himselfe indebted to the L*^ Proprietary,
in the summe of fifty thowsand pownds of Tob. in case he doe not
make or cause to be made a True & perfect Inuentory of all & sing-
ular the goods, chatties, & debts of Beniamin Gill deceased, w*** shall
or may come to his hands, possess" or knowledge : nor the same doe
exhibite into the Office for Probate of Wills & graunting Admistra-
ons before the first day of September next, (unlesse uppon iust
demand longer time, be graimted him by the Secretary) nor the same
goods, chatties & debts doe will & truly admister. That is to say. Doe
not pay the debts of the s^ deceased, w*** hee did owe att his decease,
as far as the s** goods, chatties, & debts will extend & the Law charge
him. Or if he shall not make a true & iust accoxmt of & uppon his s^
Admistraon, when hee shall be therto lawfully requyred. Or shall
not distribute & dispose the remainder of the s^ goods & chatties w*^
shall be fownd uppon his s^ account examined & allowed in the s**
Office, in such manner & forme, as shall bee limitted & appointed by
the Judge or Judges appointed or authorized in th* behalfe. And in
case any last Will & Testament of the s** Beniamin Gill shall appeare,
& the Exequuto* or Exequuto** therein named, doe exhibite the same,
making request to haue the same approued accordingly. Then if he
doe not after request to him lawfully made, render & deliuer up his
Ires of Admistraon into the s** Office, Or shall not att any time acquitt
discharge & saue harmelesse the Secretary & all other Officers im-
powred to the graunting of Ires of Admistraon agst all persons,
hauing or pretending to haue any right, tytle, or interest in & to
the sayd goods, chatties & debts.
Recogniz Cora me Will"* Bretton. Robert Cole
Lres Admistraon to Rob* Cole
Caecilius Absolute Lord & Prop* of the Prouince of Maryland &
Aualon Lord Baron of Baltemore, To Rob* Cole of S* Qem** hund**
in the County of S* Maries, Greeting. Whereas Beniamin Gill late
of this prouince Deceased, Dyed w*'*out any Will, Wee doe therfore
p. 56 giue & graunt unto yo'* the s** Rob* Cole of S* Qem** in the County
afores** ffull power & Authority to admister All & singular the goods,
chatties & debts of the sayd deceased, And to demand, collect, Leuy,
& in Legall manner requyre and receaue All, & all manner of Debt &
debts due & oweing to the s** Deceased & well & f a)rthf ully to dispose
of the same. And out of the goods, debts & chatties of the s*
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Provincial Court Proceedings, 1658. 91
deceased, w*^** haue, may, or shall come to yo*^ hands or posses" Well Ubcr
& truly to pay the debts due by the s^ Deceased, soe far forth as the ^- ^- ^*
same shall therto extend, & the Law will charge yo", according to
the trew ualew & summe thereof, yo" hauing first taken yo"^ Oath
well & truly to admister the same. And to make, or cause to be made
a true & p*fect Inuentory of All & singular the goods, chatties, &
debts of the s** Deceased, w*^** haue may, or shall come to yo"^ hands,
posses" or knowledge. And allso a true & iust ace*, in & concerning
yo' admistraon therein, And to exhibite both into the Office for
Probate of Wills, & graunting Admistraons lawfully authorized.
Touching w*^** luentory, yo" are assigned to performe att or before
the first day of September next ensuing. And an account when yo"
shall bee therto lawfully requyred. And lastly Wee doe hereby
constitute, ordaine, & appo)mt yo^ the s^ Robert Cole Admistrato* of
All & singular the goods chatties, & debts of the s** Deceased, Gyuen
att S* Maries under the Great Scale of Our prouince of Maryland
this 17*'' day of May in the 26*^ yeare of Our Dominion ouer the s^
prouince of Maryland Anoq* Dm 1658. Wittnes o* Deare Brother
Philip Caluert Esq"^ Secretary of Our s** prouince.
Philip Caluert Seer.
Martin Kirke swome Custable of S* Michaels himred. Cbnsuble
Sworn
Cunstables Oath. Yo" shall well & truly seme the Lord Pro-
prietary of this prouince in the Office of Cunstable, yo" shall see, &
cause his L^* peace to bee well & truly kept & preserued, according
to yo"^ power & knowledge w^'^in yo' limitts. Yo" shall doe yo' best
endeauo* for the apprehending of Delinquents, soe far as reasonably
yo'* may. Yo^ shall well & duely (according to yo*^ knowledge &
power exequute all precepts, & warrants to yo" directed from the
Gou*, or any one of the Councell or other Commander of yo' Diui-
sion. And yo" shall well and duely, w^in yo*^ limitts, according to
yo"^ knowledge & power, doe & exequute all other things, belonging
to a Cxmstable to doe, by the Law or custome of England, & of this
prouince. Soe long as yo'* shall be in th* Office. Soe helpe &c.
Warr* to Martin Kirke Cunstable, to take into Custody Tho: Re Pitcher
Pitcher a Runaway out of Virginia, & him (to his endeauo®) to
secure, till further Order therein
Whereas there appeareth an Inuentory of the Estate of Thomas May i8th
White late of this prouince deceased, & recorded under the hand of ^/^i^e^s
Thomas Turner Qark the 18*** March 1657, Entred by Margarett Estate
Brent, pretending her selfe Exequutrix to the Estate of the s^ De-
ceased, The s^ Inuentory appraysed by John Carye, & Peter Carre,
amounting to 8064* Tob. And noe will appearing uppon Record,
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92 Provincial Court Proceedings, 1658.
Liber nor Order of Court, whereby the s** Margarett Brent may be pos-
P. C R. sessed w^ the s** Estate, or may claime Ires of Admistradn in & to
the same. It is Ordered by Philip Caluert Esq*" Secretary & Judge in
Causes Testamentary w*^n this prouince. That Will" Marshall take
the s** Estate soe appraysed & secure the same in his custody till
further Order from mee, or other Judge in Testamentary Causes
w^^'in this prouince.
Philip Caluert Seer.
Will"* Marshall acknowledgeth th* hee hath the Estate of Thomas
White deceased & appraysed as in the Inuentory to 8064* Tob. w*** s**
Estate hee doth hereby engage himself e to see forth comming when
hee shall bee, by the Secretary, or other lawfull authority in this
prouince thereunto called Will" d^ marshall
Coram me Will" Bretton,
Power of Bee it knowne unto all men by these p^ts, th^ I Samuel Tilghman
Attorney of Rachcliffe in the County of Middesex Mariner, haue ordeyned,
made & in my place & stead haue putt, & constituted my trusty
f reind Henry Pamell of the Citty of London Chyrurgeon my true &
lawfull Attorney, in my name, & for my use & behoof e to aske, leuy,
recouer & receaue of all such person or persons whatsoeuer, th* now
doeth or hereafter shall stand, or be indebted to mee, w***in the
Country of Virginia, or prouince of Maryland all such my debts, as
my sayd Attorney can make appeare to bee due. As likewise to
receaue all such writings, whither Bills, Bonds, or Accounts, or any
other writing or writings whatsoeu*. And to reuoake all former
Authorities w*^ haue bene gyuen to any person or persons what-
soeuer, W*** full power to conclude & agree in all accounts, & if need
bee to appeare before all Judges & Justices in any Court or Courts,
to answere, defend, & reply in all matters & causes that shall conceme
mee to doe, say, pursue, implead, arrest. Seize, sequester, attatch,
imprisone, & to condemme, & out of pryson to deliuer, ffurther
generally in & concerning the premises to use all lawfull meanes for
the recouery of my right, e)rther by suite of Law or other wayes as
fully & amply, as my selfe might or could doe, if then & there I
should bee personally present, and allsoe I doe declare th* my sayd
p. 58 Attorney hath by these presents full power to acquitt & discharge in
my name, whomsoeuer hee shall thinke fitt.
Signed Sealed & Deliuered in the p*nce of Samuel Tilghman
Josias ffendall
John Anderton.
ffrom Grauesend the 24^ of Nouemb' 1657
Tilghman's M' Packer
^"^cto Y^' ^^^^ ^^'* ^*^ y^' ^*^^ ^"^ Children desyred. This is
to acquaint yo'*, that I not comming my selfe this yeare, haue ap-
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Provincial Court Proceedings, 1658. 93
pojmted M"" Pamell to doe what busines might any wayes conceme Liber
mee : by whome allso I haue sent a small Cargo, I sent to yo" form- ^' ^' ^
erly to certify yo", th* M"^ Lane forced mee to make good his bar-
gainee & hath turned it ouer to Cap* ffendall, Therfore according to
the Coxmter part now brought ouer by them, I desyre it may bee
performed I hope M*" Parnell & yo'selfe will make soe fay re & in-
different account that all parties will bee satisfyed, w*^** is my desyre :
allthough I suffer some losse, the w** I cannot expect otherwise I
shall neuer aduise any man to plant Sweet sented Tob. in Patowmeck
Ryuer, ffor th* w^ I had of the Plantaon for sweet sented. I thinke
had I sold it, by it selfe, would scarce haue yeilded 40** p* hogshead,
It being worse for sale, then my receaued Tob. by full a penny in a
pownd. The greatest fault was : the want of substance. Pray lett
mee heare from yo" by the first conuenience. I hope to bee in the
Countrey the first Ship the next yeare. M' Pamell can certify yo",
the cause of my staying, & likewise many other passages by word of •
mouth, th* I shall omitt to wright, I haue not else, but w*** my best
respects to yo*^ selfe, yo*" wife, Childre, & all o*" good freinds, I rest
Yo*^ louing ffreind
Sam: Tilghman.
Endors. To my uery louing ffreind M*^ Ed : Packer, lyuing att
Maryland in Potowmeck Ryuer Att Wicocomoco
these dd.
Know all men by these p*nts th* I Henry Potter of the hundred of Henry
S* Michaels, in the Coimty of S* Maries, in the prouince of Maryland ^Jed to
Plant*" for & in consideraon of the full & iust summe of Six hund** Martin
pownds of Tob & cask, to mee in hand payd by Martin Kerke of the ^^^*
Hundred afores** Planf w*^** I doe hereby acknowledge hath bene
fully payd & satisfyed to mee by the s** Martin Kerke, Haue graunted,
barga)med sold, aliened enfeoffed & confirmed, & by these p*nts doe
for mee & my heyres, graunt bargaine, sell, alien, enfeoffe & con-
firme unto the s** Martin Kerke the moity, or one halfe of the plan- p. 59
taon or Land, where I the s^ Henry Potter did about fine yeares last
past dwell. The s** Moity of the s^ plantaon, conteyning by estimaon
Thirty Seauen Acres & a halfe of Land or thereabouts. To haue &
to hold the Moity of the s^ plantaon unto the s^ Martin Kerke, & his
heyres for euer, ffor, by, & under the yearely Rent of halfe a Barrell
of Come, & fine pecks of Come & one poultry & a halfe, to bee
yearely payd, unto mee the s^ Henry Potter, my heyres & assignes
for euer. And I the s** Henry Potter my heyres the premises aboue
graunted, bargayned & sold, & euery part thereof unto the s^ Martin
Kerke, & his hejrres & assignes for euer shall & will warrant, & agst
all person & persons defend for euer by these p*nts. The Rent aboue
rec3rted being well & truly payd or tendred to me the s** Henry Potter
my heyres & Assignes, att the now dwelling howse of mee the s*
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94 Provincial Court Proceedings, 1658.
Liber Henry Potter uppon the feast day of the Birth of Our Lord God
P. C. R. Qj. ^thjjj ^^^ dayes before, or after yearely. In wittnes whcrof I
the s** Henry Potter hauc hereunto sett my hand this Eight day of
May, Ano 1654
Henry + Potter
Signed & deliuered in the p*nce of
John Prince Marks Pheypo.
I J. H. U. Att a Court Baron there held, on the f^ day of March 1656, by
S^^oJs James Gaylard Steward of M" Mary Brent, it is thus inrolled.
BoOTan*^372 ^^ **^ ^^^^ ^^^ Martin Kirke & tooke of the Lady here in full
The Court, by the deliuery of the s*^ Steward, By the rod, according to the
^'t^G^ici Custome of the sayd Mannor, One Messuage or Tenem*, & Thirty
Seauen Acres & halfe of Land, Lying betweene Persymon Pond, &
the head of the Oyster Creek adioyning to the now dwelling howse
of the s^ Martin Kirke. To haue & to hold to him the s** Martin
Kirke & his heyres for euer successiuely according to the Custome
of the s^ Manno*^, By the yearely rent of fiueteene pecks of good
Indian Come, & one fatt Capan or henne & halfe. And for a Herriott
halfe a barrell of like good Come, or the value thereof & soe hee
the s** Martin Kirke, hath done his fealty to the Lady, & is thereof
admitted Tenant.
May 20th Mary Brent.
Exaied by Ja Gaylord Stewad
M^ Tilgh- Know all men by these p*nts th* I Samuel Tilghman of Racliffe
™^*to^M^ Maryner doe acknowledge my selfe indebted unto Edward Packer &
Packer Henry Pamel of the Prouince of Maryland Gent" the summe of fiue
hundred pownds sterl, to be payd uppon all demands. As wittnes
my hand this 8* day of May One thowsand six hund** fifty & seauen.
p. 60 The Condicon of this Obligaon is such, th* if the aboue named
Samuel Tilghman doe stand to the Judgm* & award of M' Thomas
Gerard & M"" Henry Meese mutually chosen by the aboues** parties,
to end & conclude all differences happening or being, betweene the
aboues** parties, as Concerning the Plantaon lately bought of Walter
Beane, & now in the posses" of the parties abouesayd that then this
Obligaon to bee uoyd, & of none effect, or ells to stand in full force
& uertue. AUso it is further agreed Betweene the parties aboues**,
th^ if there shall happen any difference betwixt M' Thomas Gerard,
& M' Henry Meese th* shall rest unresolued on: then the parties
aboues** doe ioyntly chuse M' Rob* Slye as an Vmpyre to make a finall
conclusion. To whose iudgm* wee likewise referre o' selues, uppon
penalty of the sumsett aboue mentioned.
Samuel Tilghman.
Testis Edward Parkes.
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Provincial Court Proceedings, 1658. 95
Wee whose names are subscribed Being Arbitrate" chosen by M"^ Liber
Henry Pamell for himselfe & Cap* Tilghman & M' Edward Packer, xhe A?bi-
in a difference concerning the sale of a Plantadn & all other goods trato"
& chattells sould therew*^ being in io)mt partnership Betwene the ^
aboues** parties, & now sould to Josias ffendall by the s** Cap* Tilgh-
man & Henry Parnell.
1 Wee award M*^ Edward Packer to resigne ouer all his right,
tytle, & interest, w*** doth belong to him of the s^ Plantaon, goods &
diattles, or of any of the Estate, thing or things, th* is in Copartner-
ship betweene Cap* Samuel Tilghman, Henry Pamell & the s** Ed-
ward Packer unto M*" Henry Pamell w*^in fowrteene dayes.
2 Wee award M' Henry Pamell to pay unto M*^ Edward Packer
fourteene thowsand pownds weight of good Tob, & cask, (Viz)
Sixe Thowsand weight of Tob & cask present, ffowre Thowsand
weight of Tob, in Nouemb' next & fowre thowsand weight of Tob
in Alio (59). And th* the s^ M*^ Henry Pamell shall giue the s** M"^
Edward Packer good security for the paym* of the aboues^ summe
of Tob.
3 Wee award M' Henry Pamell for himselfe, & Cap* Samuel
Tilghman shall giue the s^ M"^ Edward Packer a generall release,
conceming the whole busines, about the plantadn & those things th*
did or doe belong thereunto. And allso the s^ M' Edw. Packer shall
giue a generall release to M*" Pamell for himselfe & Cap* Tilghman.
This is the finall determinaon & award of Vs, whose names are
subscribed hereunto the 6*^ day of March 1657.
Signed in the pnce of Vs Tho : Gerard Henry Meese
Philip Calvert Rob* Slye Walter Brodhurst.
Edward Parkes
James Hall demandeth warr* agst Richard Abell, Rich : True & p. 61
Humphry Howell, in an accon of the Case, warr* to the Sheriffe of S* j|*J ^^
Maries & Caluert County to arrest &c : Ret next prouinciall Court, to Abdl ct al.
bee holden 8® Septemb' next.
Will"* Edwin demandeth warr* agst Maurice Smith, in an accon Edwin v.
of Debt to the valew of 250* Tob. Smith
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret, ut
Supra
Will" Boreman demandeth warr* agst John Chareman in an accon May 27th
of Debt, to the ualew of 8000* Tob. oS^jSi ""'
Warr* to the Sheriffe of Charles County to arrest &c : Ret. next
Pro : Court to be holden 8® Septemb. next.
Sup. pcen. James Lindsey to testify in ditt caa. pro plf.
Sub pcen. Will"* Head & John Charon to testify ut supra pro deft
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96 Provincial Court Proceedings, 0 1658.
Liber James Langworth demandeth warr^ agst Emperour Smith in an
ijyiirS; acconofDefamaon.
V. Smith Warr* to the Sheriflfe of Caluert Coimty to arrest &c : Ret next
Prouincial Court, ut supra.
Jenkins v. John Jenkins demandeth Writt Scire facias agst Qoues Mace, for
rvd^" 338* Tob, according to an Order of Court, obte)med agst the s^ mace
Archives by Thomas Bachelo*^ deceased att a Court held att S* Maries 24 May
^7] 1654. The s*^ Jnldns hauing mariyed the Relict of the s** Bachelo'
Caecilius Absolute Lord & Proprietary of the Prouince of Mary-
land &c : To Nicholas Gwyther gent" Sheriffe of the County of S*
Maries. Because th* Clones Mace of New Towne himd^ ought to
haue payd to Thomas Bachelo*" of Cedar Poynt in Charles County,
the summe of Three hund** thirty Eight pownds of Tob & cask,
uppon the Tenth of Nouemb*^ 1654 as appeareth to Vs uppon ueiw
of the Records of Our Prouinciall Court, w*^ are yett unpayd as is
alleaged. Wee Command yo'* th* yo" make knowne unto the s^
Qoues Mace th* hee bee att our Prouinciall Court on the 8*** of
September next, wheresoeu"" it be held, To shew if hee haue any
thing to say why the s** Tob. should not be leuyed uppon his lands,
goods, & chatties : & to the Executo" of the s** Thomas Bachelo'^ be
deliuered, according to the force & effect of the s^ Judgment And
haue you there the names of those persons by whom you haue made
this loiowne imto him, & allsoe this Our writt Guyen att S* Maries
27'' May 1658.
Adams v. Henry Adams (p* Attomat Nicholas Gwyther) demandeth At-
Pamell ^atchm* agst Henry Pamell, in an accon of 992* Tob. principall debt.
Attatchm* to the Sheriffe of S* Maries Coimty for i2orf Tob.
Ret. next Prou : Court. 8** Septemb' next.
Parker v. Samuel Parker demandeth writt of Scire facias agst George
^^^ G<^ricJ^» *c Admistrato^ of the Estate of Cap* Will" Lewis de-
ceased according to an Order of Court obteyned for one Thowsand
p. 62 pownds of Tob. & cask, 29 Decemb"^ 1657.
Writt of Scire facias, ut folio ante, 61.
Empson v. Will"* Empson demandeth writt of Scire facias agst Edmond
Lmdsey Lj^dsey for 365* Tob. according to an Order of Court obte)med for
that quan*^ w*** costs of suite 31 Decemb*^ 1657.
Writt of Scire facias ut ante fol. 6i^
June 3^ John Jarbo demandeth Attatchm* agst the Estate of Ryce Mat-
tiat^c *^^^ ^* Nomeny for 300* Tob.
Warr* to the Sheriffe of S* Maries County to attatch &c : Ret next
Prouinciall Court, to be held 8** Septemb""
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Provincial Court Proceedings, 1658. 97
M' John Anderton recordeth his marke Viz. Both eares upper Liber
halfd, or cutt out ; w*** a nick under the right eare. MrSno*
Anderton's
Cap* Thomas Comewalleys demandeth warr* agst Samuel Bonham & Yog^
& John Lord in an acc5n of Debt J"n« i^
•^ Comwalcys
Warr* to the Sheriffe of Caluert County, & all other respective v. Bonham
Sheriffs, of each seuerall County to arrest &c : Ret next Prouinciall ^
Court to be held 8 Septeml/
Attatchm* granted to Walter Hall, agst Henry Payton for 1200* Hall v.
Tob, according to an Order last Prouinciall Court made & obteyned ^y*<«
30^ Aprill, 1658, & Ret. 8^ Septemb^ next
George M'ee demandeth warr* agst Edmund Lindsey in an accdn Mee v.
of Debt to the ualew of 1606* Tob. ^"'^•^
Warr* to the Sheriffe of Charles County to arrest &c : Ret next
Prouinciall Court to be held 8 Septemb"" next.
James Veitch demandeth warr* agst Will" Robinson in an accdn Vdtdi v.
of the Case, ^^^'^'^
Warr* to the Sheriffe of Charles County to arrest &c : Ret. next
Prouinciall Court ut supra.
Robert Macklin recordeth his mark &c: Viz The Right eare Robt Madc-
Crop't, & underkeel'd, w*^ a slitt in the Crop, The Left eare, whole ^^^\J^
ApriU the 2^ Aho dui 1655. June isth
p. ft
Know all men by these p*nts th* I James Johnson haue sold &
deliuered to Robert Macklin one Red Cow, marked w*** my owne
proper marke, in consideraon of building me the afores** James a
Howse, And doe by these p*nts bind my selfe, to make good the sale
of the saycl Cow, unto the afores^ Macklin or his Assignes, agst all
Just claimes whatsoeuer As wittnes my hand.
Testis John Wade James Johnson.
Zachary Wade.
Octob' 2g^ 1656
Sould & deliuered by me Robert Clarke, unto Robert Macklin One
black Cow aged Six yeares or thereabouts, commonly knowne by the
name of ffoole, Which sale & deliuery I doe & will auouch and
meinteyne agst all lawfull claimes. Wittnes my hand they day &
yeare aboue written.
Wittnes Signu John g Qarke Rob* Clarke.
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98 Provincial Court Proceedings, 1658.
Liber Octob"^ 20*** 1656.
P C. R.
Sould & deliuered by me Robert Qarke, unto Robert Macklin one
Red heifer, aged three yeares, or thereabouts: marked on the right
eare w*** a Swallow Tayle : & on the left eare w*^ a Cross now goeing
w*** John Wheatelies Cattle : W*^** true Sale I will & doe auouch agst
all law full claimes. Wittnes my hand the day & yeare aboue written.
Wittnes Signu John g Qarke. Rob* Qarke.
June 18A Alexander Watts demandeth warr* agst James Veitch, in an accdn
Warr* to the Sheriffe of Caluert County to arrest &c : Ret. next
Pro : Court to bee held 8® Sptemb"" next.
Bowlin V. James Bowlin demandeth warr* agst M"" John Anderton, in an
Anderton accon of the Case.
Warr* to the Sheriffe of Caluert County to arrest &c : Ret. next
Prouinciall Court, 8® Septeml/ ut Supra.
p. 64 John Hamilton demandeth warr* agst Sampson Waring, in an
Warr* to the Sheriffe of Caluert County to arrest &c : Ret next
Prouinciall Court to held in the County of Caluer. 8® Septemb'
Tnieman v. Thomas Trueman demandeth warr* agst Will" Stephens, in an
Stephens accon of the Case.
Warr* to the Sheriffe of Caluert County to arrest &c : Ret. next
Prouinciall Court 8® Septemb"" ut supra.
Mullikin v. Sub pcena to the Sheriffe of the County of Caluert, to wame
Coursey Thomas Brampson to be att the next Prouinciall Court to bee held
8® Septemb"" next, to testify his knowledge in a Cause depending
betwixt James Mullekin, & Henry Cowrsey Genf* (w** cause was
respited the last Prouinciall Court) att the request of the s** Mullekin.
Lumbrozo v. Subpoena likewise to the sheriffe of Caluert County To wame
Ferrdra Henry Hooper to be att the next Prou* Court to bee held 8^ 7^
next, to testify his knowledge in a cause depending betwixt Jacob
Lumbrozo & Dauid ffereira, (w^ cause was likewise respited last
Prouinciall Court) att the request of the s** Lumbrozo
Thickpenny Henry Thickpenny demandeth warr* agst Cornelius Johnson, in
V. Johnson an accon of Debt of 1200* Tob. & cask.
Warr* to the Sheriffe of Caluert County to arrest &c : Ret next
Prouinciall Court to be held 8® 7^^ next.
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Provincial Court Proceedings, 1658. 99
Aaron Jacobson demandeth writt of Scire facias agst John Little Liber
for one hiind** eighty fiue pownds Tob. w*** costs of suite. Besides f^^iJ^ y^
Two hund** pownds of Tob. for Court charges, according to an Little
Order of Court, made, att Patux* 4® Nouemb"" 1657.
Writt of Scire facias to the SheriflFe of the County of Caluert
Ret. 8^ Septemb' next. Vid. writt Supra fol. 61.
Jacob Lumbrozo demandeth writt of Scire facias, agst Cornelius Lumbrozo v.
Abraham for fowre hundred pownds of Tob. & cask, w*** costs of Abraham
suite, according to a Judgm* acknowledged by the s** Abraham to
the s** Limibrozo, att a Court held att Patux* 31 Decemlf 1657.
Writt of Scire facias, to the Sheriffe of the County of Caluert,
Ret 8^ Septemb' next ut Supra, Vid. writt. fol. 61.
Cap* Will"* Stone demandeth warr* agst John Harwood in an 19 Tune
accon of the Case. |-^^S^ ^
Warr* to the Sheriffe of S* Maris County to arrest &c : Ret. next Harwood
Prouinciall Court to be held 8® Septemb"" next.
Sub. pcena Alicie Harrise, to testify indit caa. Ret Eod.
Charles Maynard demandeth writt, agst Thomas Gerard Esq"" in Maynard v.
an accdn of the Case. Gerard
Summons to M"" Thomas Gerard, to be att the next Prouinciall
Court, to be held 8^ Septemb'
Subpan. Thomas Dinian, Rob* Thomas, & Edward Turner to be
att the next Court, to testify in caa Supra Ret. Eod.
Rob* Cole demandeth writt for Will"* Edwin & his Wife, to testify rc Gill's
their knowledge what they can say or know, whither or noe eyther of Estate
them did heare M"" Beniamin Gill acknowledge th* Rob* Cole, was
his kinsman, or whither th* they euer heard the s^ Gill (lying sick
att their howse) declare, th* hee had, or wotdd dispose of all or any
of his Estate to him, the s^ Cole, in case he then should happen to
dye.
Subpoena to the Sheriffe of S* Maries County to wame &c: ut
Supra Ret. next prouinciall Court, to be held 8® Septemb'
M"" Phillip Land swome Cunstable of S* Maries hundred as in the Constable
Cunstables Oath Supra folio 56.
Summons issued to the Sheriffe of Charles County, on the Cornwalcvs
behalf e of Cap* Thomas Comewalleys, agst M"" Job Chandeler, ^- Chandler
according to an Order passed last prouinciall Court 30*^ Aprill 1658,
Ret next prouinciall Court to be held 8® Septemb""
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I
lOO Provincial Court Proceedings, 1658.
Liber Philip Caluert As Attorney of the L** Prop* demandeth warr* Agst
Attorac}' R^^ • Hotskeys in an Accon of Detinew, to the value 2500^ Tob.
V. H^kJy] ^^^''* ^^ *^ Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court to be held 8® Septemb""
R«'»scll V. Christopher Russell demandeth for Walter Hall Admistrato* of
Admbir the Estate of ffrancis Poesey Deceased, seauen hund** pownds of Tob.
June 2ith A True & perfect Inuentory of such goods & cattle, w*^*" were
Re Gill's^Es- brought forth by Rob* Cole, unto the Appraysers (Will" Assiter &
tote Richard flfostar) formerly belonging to M"" Beniamin Gill deceased.
Imp* 3 yearelings 0700
2 heyfers & a calf e 0950
2 Browne Cowes, i Cow calfe & i bull calfe 1200
2 black Cowes, i Cow calfe & i bull calfe 1000
2 young Steeres & a Bull 0900
one Table 0060
3 Chayres, & 3 stooles 0140
one old Bed, i old pillow, & i old Rugge 0130
A parcell of old pewter, & an old earthe' pott 0050
One old iron Kettle 0020
Some old Bookes 0040
A Small parcell of hooks & eyes, & threadl
& an old Barbers Case J ^
A parcell of old cloathes 0200
A parcell of old Linnen 0150
2 old Chests 0100
2 marking irons, an old Andiron &1 0020
an old warming pan J
The Total 5675
All these aboue specif yed things were appraysed, according to the
prices aboue mentioned by vs Will" Assiter & Richard ffoster, being
swome appraysers, to apprayse the afores** Estate of M"" Rob* Slye,
as wittnes our hands this 8*** of June 1658
Will" Assiter Rich : W. ffoster
May 2cth Philip Land Examined sayth uppon Oath, That being the last
:c Gayl^d ^^"^ ^" Patux* & in Company w*** Will" Lewcas, & Cap* Waring,
Stephen Gaylord came amongst them. And after a while. Will"
Lewcas making semblance to be gone, sayd, th* he could stay noe
longer ffor he must goe to schoole, otherwise hee should be whipped.
Cap* Waring replyed, had there bene none wiser then I, yo" should
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Provincial Court Proceedings, 16$^.' .. loi
neuer haue kept schoole there & thereuppon M' Gaylotzrd- spake, Liber
Saying, They were a Company of fooles of them, to doe, as they did, ^•^* ^
& Will"* Lewcas being gone, the s^ Gaylourd conferring w*** thi^' :
Depon* Related how th* the Gou"" was angry w*** him & hee knew not'
for what. Adding, That hee had best bee good in his office, (to witt
the Gouemo'') & other words to the same effect, & touching the
gouerm* w^ hee now remembreth not. Phillip Land
Jurat Cora Philip Calvert Seer.
Robert Shele recordeth his marke of Cattle &c: (Viz) Both Eares Robert
Cropd, w*'' a piece taken out in the Crop, only the left eare hath a nick, Shdc's mrtc.
or peice taken out on both sides of the former peice in manner
Crosse, as it is noted in the margent.
-flji
John Metcalfe recordeth his marke of cattle &c: (Viz) ouer & Mr Met-
imderkeeld on the right eare, w*** a hole in the same eare. The left ^^^'' "^^
eare swallow forced.
Nicholas Keytin demandeth warr* agst Rob* Gwest in an accon July 50
of the case to the valew of 400^ Tob. ^^ ^•
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court to be held 8** Septemb' next.
March 5*** 1657. Randall
These p«nts wittnes th* I Philip Caluert, doe exchange one Red- JJ^^^f
pyde heifer, being att Thomas Phillips his howse att New-Towne, & Cattle
formerly belonging to the stock of Cattle, w^** was M" Eures, & yett
immarked for another Red heifer, belonging to Randall Hanson,
being att the howse of Richard Willan. And I doe hereby authorize,
the s** Randell to marke the s** Red-pyde heifer w*^ his owne marke
w^ is Cropt of the Right Eare, & ouer keeled, & under keeled of the
same, & slitt of the Left Eare & the upper part cutt away. As wittnes
my hand, the day & yeare aboue written.
Testis Will"* Bretton. Philip Caluert
M" Jane Eltonhead demandeth warr* agst M"" Robert Qearke for July 8©
2200^ Tob. in cask v.^* GaSj
Summons to M' Rob* Qearke to answere att the next Prouinciall
Court, to be held 8^ Septemb'
Symon Ouerzee demandeth warr* agst Aurthure Ludford in an Overzee ▼.
accooftheCase. ^"^^^"^
Warr* to the Sheriffe of Calu*t County to arrest &c: Ret. next
Prouinciall Court ut Supra.
A true & p*fect Account of the Estate of Will™ Thompson De- Re Thomp-
ceased. «o"l^ Ertate
p. 00
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I3S6
I02 .^^ '^rhvincial Court Proceedings, 1658.
•. :\ *. •*'
P r ^ .• ••'' •'•' ''^ ** ' The Estate is Deb*
^1 I??pr.^o funerall charges 165
••. '• !^^ ' T^ ^y^^ of Boate 3 dayes, & me &c : 300
\ \ To the Doctor for physick 200
To Court charges 301
To my attendance att seuerall ]
Courts att S* Maries & dyett att 30o
Ordinary
Debts payd & satisfyed.
To Raph Beane ^.c^
To Thomas Thomas 0780
To last yeares Leauy 0060
To Michael Brooks 01 16
To a debt of a Cow calfe to ]
Jno Normans daughter in Law ^ 0300
& a barren of Come J
To Henry ffox 0080
To Skipper Direckson 0202
To Surueyo* ffee of Land 0230
To John Maunsell o, -^
To M' W« Brough ^^
To Rob* Robins ^^^
To John Grimsditch o^-^
To Paul Simpsons Bill & MO
Tho : Copley for ph)rsick ^^5^
7425
The Estate is Cred*^
idc 4 By appraysm* as appeares uppon
534] Record att S* Maries &c : appraysed I 026 c
31^ Jan: 1649. J
By 250* Tob. since fownd & 1
not charged in the InuentoryJ 0250
The Total, 9515
To 10* p* cent ffee for paying &c : 0880
To six shotes appraysed in the]
Inuentory not yett fownd in 0130
the Estate -
lOIO
The Total — 9791
All acc^ ballanced The Estate
is Deb* — 0276* Tob.
This is the ace* of M' Thompsons Estate Will" Euans
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Provincial Court Proceedings, 1658. 103
Arthure Ltinford demandeth warr* agst John Stephens in an Liber
accon of the Case. ^' ^ ^*
Warr* to the SherifFe of S* Maries to arrest &c : Ret. next Prouin- Lunf ord v.
ciall Court to be held 8<> Septemb' Stephens
Thomas Se)anour demandeth warr* agst Stephen Gary in an Seymour v.
accdn of the Case ^
Warr* to the SheriflFe of Caluert Coimty to arrest &c : Ret next
Prouinciall Court ut Supra.
Subpoena to the Sheriffe of Caluert County to wame John Ham-
ilton, Mich : Baysy, Jos. Edlow & Math Smith to bee att the Court
to testify in ditta caa, uppon the forfeiture of 500* Tob.
An Inuentory of the Estate of Will" Eltonhead Esq"" deceased Re Elton-
appraysed by John Holfhead, Bamaby Jackson, Robert Taylor, & |*^^^
George Reade, according to an Order of Court. Vide Order
Impr. Eleauen hundred & thirty Acres of Land 1 ^' ^
att 506* Tob for euery hund** Acres j "
It. Three small Steeres 1000
One male, & one female yearelings 0200
Two Boy seruants 2 1 00
ffiue Sowes, ffiue Barrowes & One Bore 1500
Nineteene Yowng Shoates 0500
one suite of old striped Curtaines, & one Ca^'pett
& 2 old Ruggs, & 2 old blanketts & one old Cattayle
Bed, & one suite of greene Curtaines, & one great
Carpett & one Bedstead
ffowre old Guns unfixed 0200
ffiueteene pewter plates, one small flagon, one
pewter dish, 2 chamber-potts, one Saltceller, &
one candlestick, & 2 porringers
Eight milk-Trayes 0030
one parcell of Old iron, & one Cros-saw 0060
one Sun-dyall, & one Grindstone 0020
one Bill of Thomas Hampers 0800
Receaued of the Scotchmen 1900
Two Shoates, w*^** were in the woods when the Appraysersl
were here, & not yett appraysed. J
Signed by 14202
John Holfhead Rob* Taylor
Bamaby Jackson [George] Reade
This Day came Bamaby Jackson, and acknowledgeth to haue p. 70
gyuen & deliuered to flFrancis Goodrick his Brother in Law one p^'?i„
Cow Calfe, slitt in the Right eare & imderkeeld. The Left eare, markc^f
Cattle
0350
0042.
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I04 Provincial Court Proceedings, 1658.
libcr the Upper part thereof halfed (to witt) slitt & the peice cutt away, &
P. C R. underkeeld w** is to aduance him a portion.
Recognit Cora me Will"* Bretton. Bamaby Jackson
Re Quakers Whereas I am credibly informed th* Josias Cole, & Thomas
Areh.^CoS! Thurston haue presumed contrary to a Proclamaon Bearing date the
348 13*** of Aprill last past, to remaine in this prouince w^^'out gyuing in
their names to the Gou"", or Secretary w*^ in one month after their
s** Arryuall, or taking Oath of ffidelity to the L** Prop' of the same.
And not only soe, But haue & still goe on, to seduce many of the
poeple unto erroneous & blasphemous Tenetts.
These are therfore in the name of the L** Prop* to will & requ)rre
you, to apprehend the Bodies of Josias Cole, & Thomas Thurstone,
them, or eyther of them, & secure the same in yo' Custody w^^'out
Bayle, or Maineprize untill they haue made their appearance before
me & the Councell, to make answere to such Crimes, as are obiected
agst them, & for soe doeing this shall bee yo"" warr* Gyue" under my
hand this 8*^ day of July, Ano 1658 Josias ffendall
To the Sheriffe of Caluert County or any other the Sheriffs in the
Prouince of Maryland.
July lotfi Whereas M"" Thomas Hatton, late Secretary of this prouince of
^"f^ Maryland Deceased, had in his life time many debts due for ffees,
fro°* seuerall Inhab** w*"* in this prouince w^ by occasion of the late
troubles (the s** M*" Hatton, & allso his Exequuto" since, being
obstructed the collecting thereof) are not yett payd or satisfyed.
These are therfore to impower the respectiue Sheriffs of the
seuerall Cotmties w*** in this prouince To Leauy by way of Exequuon,
w*** in the respective precincts, the s^ ffees belonging to the s** M'
Hatton uppon any the goods. Debts, or chatties of all, or any the
respective Deb", uppo" default of paym*, to the ualew of the Debt,
Justly due from them, or any of them for ffees: & the same soe
Leauyed, deliuer unto Patrick fforrest. Trustee for the s^ W Hatton
Childre', & for soe doeing this shall be yo"" warr* Gyuen imder my
hand this 10*^ day of July, Ano Dni 1658
Josias ffendall
Kent
Caluert [-Counties
To the Sheriffe of S* Maries
July 16^ Whereas Josias Cole hath lately come into this prouince, & made
JScIX ^^^ stbode here, w*^ out gjruing notice thereof to the Gou* or Secre-
* "*" tary, or taking the Oath of ffidelity to his L** Contrary to the Teno*
of a Proclamaon Bearing date 13® Aprill 1658.
Re QusJcers
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I
i
Provincial Court Proceedings, 1658. 105
These are therfore in the L** Prop** name to will & requyre you to Ubcr
seize the Body of the s** Josias Cole & him in safe Custody kecpe
w*^out Bayle or Maineprize, untill hee shall appeare before the Gou*
& Councell of this prouince, to make answere to such things, as shall
bee then & there obiected agst him, & for soe doeing this shall bee yo""
warr* Gyuen this 16*"* day of July 1658. Jos. ffendall.
To the Sheriffe of Anarundell
County his Dep*^ or Dep**^
At A Court Provintiall holden for Kent the 20*^ of July 1658 At Kent Co. Ct
the house of M' Thomas Bradnox p''sent ^^i
Cap* Josias Fendall Gover'l t. -.. ,,,_. t» .^ . u i-i 1 tSv ^
Phillip Calvert Esq' SeC ]^ ^ ^"**'" P^^^^ ^^'^^ ^"^' *
M"" Nathanniall Vty w** Came in after Judgm* past in Salter's
Cause.
r *R h*V 1 M"" Joseph Wickes "
niTr TM.-I1 /- ^^ r of the Quor. M"" Tho : Bradnox ►Comisson"
M"^ Phill : Connier J ^ xkttt \ir
^ M^ Henry Morgan
John Salter Complaines Against Thomas South in a former sute Salter v.
dependinge in the Provintiall Court & beinge now againe Arrested ^"^
vnto this Court, to make his defence to the plan** Pleay.
War* retumd & Suppenes ret. & one for Tho. South.
Elizabeth the wife of Henry Qay swome & Examined this 19
day of July 1658, saith.
That sometime about a yeare & halfe since th* shee this depon*
together w*^ her Husband beinge at the now dwelling house of Tho :
South on Bever necke Plantacon, Tho. Hinson & John Salter beinge
allsoe there p''sent the s** Thomas Hinson did there declare himself e
that he was to looke ffor timber on the s** Plancon to build w*** all,
on th* Land, whereupon John Salter forewarned him the said Hinson
of ffellinge any Timber there Adinge further th* if ever th* Land p. 102
Came to bee his he would make him pay ffor it whereupon M' Hinson
Rubinge his hands smiled And further saith not
Jurat Corn me Eliz : B. Qay
Will Bretton Ok
Henry Qay swareth the
same verbatim w*"* his wife
in open Court
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io6 Provincial Court Proceedings, 1658.
Kent Co. The deposion of Henry Coursey Aged 29 yeres or thereabouts
*^* saith th* in or About Jime 1654 as this depon* doth to the best of his
Knowledge Remb. he beinge then at the House of M' Tho : Bradnox
vpon the Isle of Kent w***in this Province of Mariland. Francis
Brookes did desire this depon* to make a bill of sale for John
Salter of the Isle of Kent for a Tract of Land w^n this Province.
But where or in what p* of the s^ prouince This Depon* doth not
Rememb. And flfurther this depon* Knoweth not
Swome this 3** of Oct. 1657
Henry Coursey Cfke
Coram me Ric Preston
The desposion of Thomas South Aged 36 yeares or thereabouts
taken in Court 25*^ of Aprill 1655 Swome Examined & Saith that
about the middle of July last past Francis Brookes of Mariland Came
to the place where the depon* lived & tould him th* he had given John
Salter Posesion of Bever necke, and vpon th* Posion given, your
p. 103 Depon* came there to live as Copartner in the Planta. w*** the s^
Salter And ff urther saith not
M"" Tho : Ringgold swome in Court saith That yo"" Depon* was
requested by Francis Brookes fower or five yeares since to goe w*""
him vnto Bever necke ffor the Cover' had sent a war* vpp vnto the
Comiss" of Kent to give the said Francis Brookes posion of that
Land afore mentioned, But your Depon* cannot verie well rememb.
whether it was from Capt Stone or M"" Qarke & to the best of yo""
Depon** remembrance when the s^ ffrancis came vnto Isaacke Ilines
And demanded posion of the s^ Land, and shewed him the war* &
the s** Iline gave the s** Brookes possesion by goeinge out of doores &
did give him ffree Posseson.
Tho : Ringgold -p me W" Leedes CHc
1658 This is to testifie to whom It may conceme, That Francis Brooke,
of this Province did pas a bill of sale ffor a Plantacon Called Bever
Necke vnto John Salter, w^ bill of sale I have seene & allsoe heard
Francis Brooke confesse the same, for Truth whereof, I have here
vnto subscribed Kent 8*** 4*"* Mo.
W" ffuller
The Deposion of M' Tho : Bradnox Aged 58 yeares or thereabouts
taken in Court swome Examined saith.
That some time in July 1654 John Salter desired yo"" Depon* &
p. 104 Roger Baxter to witnesse to an Agreem* for A Plantacon th* John
Salter Bought of M' ffr. Brooke of Mariland, w^ Plantcon is Com-
only Called by the name of Bever necke, vpon the Isle of Kent &
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Provincial Court Proceedings, 1658. 107
their bargaine and agreem* was as foUoweth. That the afores** Kent Co.
Brookes was to give & deliver vnto the afores** John Salter peacable ^^ ^®^*
and quiet posestion of the afores** Plantacon & to give him a good
suffitient Consideration for the s** Land, and that hee would likewise
defend & save harmelesse the ffores** Salter his heires or Assignes
forever, from all psons what soever, that should by any Title or
clame molest disturbe or disquiet the s** Salter his Exo" or Assignes
in his Peacable or quiet Possesion & enioymt of the afores** Planta-
con ; In consideracon of the afores** agreem* of the afores** Plantacon,
well & truly to be pformed by the s** Brookes, the s** John his Exc**
or Assignes was to pay vnto the s^ Brookes his Ex" or Assignes 3000*
of good Condicnd Tob. & Caske, w** some of Tob was to be payd
1500** of Tob. after the s** Salter had posest the Plantacons in manner
& forme as afores** one yeare, w** was to be in the yeare 55 & the
other 1506* of Tob. in the yeare 1656 this was the full agreem*
betwixt them & further saith not.
Jurat Coram me Tho T Bradnox
Phill : Conner. his signe
The deposion of Roger Baxter Aged 46 yeares or thereabouts p. 105
taken in p''sence of the Court, Saith That the s** Baxter doth afferme
the same that is in M"" Bradnox Oath Verbatim and further saith not
Jurat Coram me Roger R. B. Baxter
Phill Conner his signe
M"" Henry Morgan swome in Court saith that about some 5 years
since or thereabouts, yo"" Depon* was desired by ffrancis Brookes to
goe a longe with him to see if M"" Iline would give him poss5n of
Bever necke for the Gov"" or M"" Clarke had sent vp A war* vnto the
Comison" of Kent to give him quiet Possion soe yo"" depon* did tell
him th* he would goe with him but he would not medle w*^ him in any
such thing soe yo"" depon* being there the said ffran : Brookes rec**
Satisfac. but whether or how he had Posseson he cannot say further,
to the best of his Knowledge
Vera Copia : -p me W" Leedes Cik. Hen : M Morgan
his Marke
The Deposion of M"" Tho. Bradnox Aged 58 yeare or thereabouts
swome saith Sept. 16*^ 1657 That John Salter hired A Plantacon
of this depon* for two yeares last past w^** the afores** Salter hath
payd According to Agreem* vnto this Depon* six hundred pounds of p. 106
Tob p yeare & further saith not.
Jurat Coram me Tho : T Bradnox
Phillip Conner his marke
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io8 Provincial Court Proceedings, 1658.
Kent Co. The Deposion of M"" Tho : Bradnox Aged 58 yeares or there-
Ct. Rccs. abouts, sworae examined saith Sept 16*** 1657 That about three
yeares last past, Isacke Iline did acknowledge in this depon** house
That Capt Stone did pswade M"" Francis Brookes of Mariland to
let the s^ Iline Enjoy the Plantacon th* was vpon the Isle of Kent,
That is the s^ Brookes his Prop' right in Consideracon th* the s^ Iline
had Built A pretty House vpon the fores** Plantacon Comonly Called
Beaver necke And th* the s** Iline did Acknowledge th* he was to pay
to the s** Brookes for Acknowledgm* for one year A Case of sacke &
ffurther saith not.
Jut. Coram me Tho T Bradnox
Phill. Conner his marke
Mrs. Mary Bradnox the wife of Tho : Bradnox afores** affirmes
the same w*** her husband Virbat vpon her Oath & further saith not
Jurat Corm. me Mary Bradnox
Phill. Conner.
p. 107 Know all men by these p'sents That I John Salter of the Isle of
Kent Count, in the Province of Mariland Plant doe Appoint &
ordaine John Coursey Gent, in my stead to be my true & Lawfull
Atturny, in all Causes & suites Commenst or to be Commenst against
any w***in the said Province, for me & in my behalfe to Arrest sue
Implead, Imprison, & againe out of prison to release, to receive for
me & to my vse, what goods or Tob shall be to me Lawfully Recorded
& to give discharge or discharges in my name & this to stand to all
Lawfull Intents & Purposes whatsoeuer, Witnesse my hand this 7^
d^y of Ap' 1658
Testis Edd. Coppage John i Salter
Peter Parker his marke
To the Right Hon^*« Govemo' & Counsell of the Province of
Mariland
The Humble Peticon of John Salter
Sheweth
That whereas this Pet"^ agreed & bargained w*^ francis Brookes
of Mariland sometime in July 1654 for A Plant" comonly Called by
the name of Bever Necke, And after this Pef had received Peacable
& quiet Posion of the s** Land & did in like maner Enjoy the same for
the space of fower or five moneths, And Isaack Iline beinge then
resident likewise vpon the s^ Plantac. by the -pmition & desire of the
8** Brookes vpon this Agreem* with this Peti"" for the said Land,
desired this Pete"" th* the said Iline might not be molested in the
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Provincial Court Proceedings, 1658. 109
ffinishing of his Cropp th* he had planted th* yeare vpon the Plantacon Kent Co.
af ores** w*"** you"^ Peti' did willingly agree vnto : But soe it was th* the ^^ ^*^
s^ nine at Oct. Court in the yeare afores** Commenced a suite of Law
Against the afores** Brookes for his vnjust Molestacon of the s** Iline
upon the s^ Plantac. -p'tending A Right & Title therevnto w** the s^
Brookes through his obstinance or willfullnesse, or dislike to the
then •p^'sent Govern* in hopes & Expectacon of A suddaine alteracon
thereof, or for what other Causes or reasons I Know not. But the s**
Brookes would not make any defence, or Pleas against the s** Iline
by w^ meanes the s** Iline obtained an order from the s** Court, to
recover his damages of any th* had molested him in his p''tended
title to the s** Land w** this Pet' beinge p'sent at the said Court ex-
hibited a Bill of Sale th* he had of the s^ Brooks for the afores**
Land, w** the said Brookes did not disowne But did ff reely Acknow-
ledge the same, And did declare That he did not thereby vnjustly
molest the s^ Iline & further the s** Iline Prosecuted this Pet' in the
Action or suite afores** at the next Court holden for Kent where yo'
Pet' was Cast in the s** Action By w^ yo' Pet' was Disposest of his p. 109
Plant, & ordred to pay the Charge of the afores** suite, w*^*" did
Amount vnto 747* Tob. & Caske, And notw^^standinge all the afores**
•pceedings, yo' Pet' is able to prove, th* the s^ Iline had noe other Just
Title vnto the afores* Land, But mayd vse thereof only by -pmition
of the s** Brookes & Rent payd by the said Iline vnto the s** Brookes
for the s** Land, for one yeare According to Agreem* By w** -pceed-
ings It appeares th* the s** Iline by his p'tended Title & his Illegall
•pceedings, hath most vnjustly molested & disposest yo' Pef of his
Just Right & Intrest to the s** Land, And that likewise M' Tho:
South who hath bought the p'tended title of the s** Iline or any other
th* are now Posest, of the s** Land ware not tinacquinted with the
damage & great sufferings of yo' Pet' & his Just title vnto the said
land, doe not onely Keepe Posescon thereof and have mayd vse of
the same for their prof" & Advantage from the 25*'' of Aprill 1655,
w*** out any Consideracdn or Composicon, mayd w*^ yo' Pef But
have on the Contrary vsed all wayes & menes, most Illegally and
vniustly to Circumvent & Defeate yo' Pet' forever of his just clame &
Title therevnto. And as yo' Pet' doth humbly Conceive, may be found
Contrary & repugnant to Law in such Cases -pvided, for the now
Possesers of the sd Land, Knowing It to bee sufitiently Proved th* p, uq
the af ores** p'tended Title of the s** Iline to bee of noe Vallue ; have
Applyed th"selves And -pswaded the said Brookes to purchase from
him if possible they might some better Title. Allthough they knew &
ware Acquainted w*** the afores** Bargaine & Sale th* the said Brookes
mayd of the s** Land, vnto yo' Pef yet have they p'vailcd w*** the s**
Brookes to make a second Sale thereof vnto them, as will Appeare by
A deed of sale th* hath been privately Entred vpon the Record of
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no Provincial Court Proceedings, 1658.
Kent Co. Kent, bearinge date 26*^ of Sept 1656 w*** Illegal & vniust Actions
Ct. Rccs. q£ purpose to Beguile & vtterly to Defeate yo"" Pef of his just Right &
Intrest to the Plantacon aforesaid.
The •p^'mises Considered
Your Pef humbly Craves this Hon^** Court to grant order, th* yo""
Pef may be reposest w*"* the af ores** Land soe farr as It may appeare
w*'' Law, Equity, or Justice to be yo' Pet" Right, And th* the afores**
nine or South, or any other, th* have by any vniust or Illegall wayes
or menes beene the occation of yo"" Pet" disposion or detention of his
just Right & Title from him may bee likewise ordered by this Court
to pay such Cost and damage As yo"" Pef can justly prove th* hee
hath sustained Either by their vnjust molestacon or Possescon or
illegal detencon of the afores** Land and pay Cost of suite.
And as in Duty bound yo' Pef shall ever pray &c
P- I" Elizabeth Qay swome 19*^ day of July 1658 vpon Interogatives
w^ are Annexed herevnto.
To the first Interrogatory shee Answereth affirmitively To the
Second th* Francis Brookes M' Morgan & M"" Ringgold were there,
shee answareth allsoe affirmatively
To the 3** whether Iline gave posion or noe, Shee knoweth not But
saith th* Fran : Brookes demanded Poses"
To the 4*'' Conceminge Ilines answar, shee remembreth not only
th* the s^ Iline denyed him posion.
Eliz : B Qay : her marke
That About 6 or 7 yeares since whether or noe you ware not At the
house of Isacke Iline, all th* time th* flFrancis Brookes & M' Morgan
& M"" Ringgold was there & whether the s** Iline did in that time give
the said M"" Brookes Posion : And allsoe to declare what M' Ilines
answar was to the s^ M"" Brookes.
John Salter ^^^ Plantife demands the Plantacon vpon Bever Necke fformerly
V. Tho belonginge to John Gresham & fforfited to the Lord Propriatory : by
his Rebellion & Treason, And Produces a spetiall war* from his Lorp*
to the Gouer' bearinge date the 26*** August 1 651 to Passe a grant of
the s** Plantacon to the s^ Brookes, ffrom whom the s** Salter deriveth
his Title by Convayance
The Deffend* alledges he hath a Convayance from Isacke Iline who
p. 112 was Possesed of the s** Land by vertue of A war* upon the Condicons
of Plantacons granted by Cap* Stone, & th* A Cirtificate of survey,
was there vpon returned 18*** August 1658 wherevpon they Joyne
Issue.
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Provincial Court Proceedings, 1658. in
Therefore It is Considered by the Court th* the war* Pleaded by Kent G).
the deffend* Could not by Vertue of any Conditions of Plantacons ^^* ^^^*
be surveyed vpon any Land fformerly Escheated to his Lorp*
The Court doth therefore Judge That the Land Convayed by
Brookes to the Plant, bee by the Shirriffe put into his posses" & That
the Defendent pay to the Plantiue ffiue Thousand ffour hundred
forty & flower pounds of Tob. over and Above all Officers ffees
incurred in this suite, And to provide the Plantive Convenient hous-
ing for himselfe, his wife & goods to be in, w^^'in ten dayes But th*
the said Tho: South & Thomas Hinson shall remaine on the s**
Planta" w*** out molestacon of the Plantf . till the Crop be throughly
cured & finished.
Margret Brent Complaines against Abraham Holeman in an Aco" Brent v.
of the Case to the Valine of ffive Thousand Pounds of Tob« & for ^^^^
this bringethher suite
War* Issued retume from the ShiriflF 20*** of the same mo.
Whereas the Court not findeinge any Cause whereby the Defen-
dent should be Arrested & Impleaded, the Court doth therefore Order
th* the Suite be dismist, & A non suite granted to the Deft, w*** Cost
of suite. Else Exec"
Tho : Ringgold Planf* the Attumy of W" Boreman John Deere Boreman v.
Defent, war* ret. & 3 suppenes. ^^^^^
Whereas Thomas Ringgold the Attumy of Will. Boreman not p. 113
makinge any thinge Appeare to this Court, for occation of A suite,
by testimony, or any other writeinge, whereby That John Deere was
Ingaged to make delivery of A Stocke of Cattle w*^** M"" Ringold
Bought of W°* Boreman as M"" Ringgold doth Express in his Petcon.
The Court doth therefore Order that the Plantive shall be non
suited granted w*** Cost of suite to the Defend* Else Execucon
To the hon^^« Gou'' & Councell w*^ the Rest of the Com" on the
Isle of Kent.
The humble Peticon of Tho : Ringgold the Attumy of W"* Bore-
man Sheweth
That whereas yo"^ Pet' haveinge bought certaine Cattle ffrom M'
Boreman w*^** Cattle ware left in the Custody of John Deere, who
hath taken vpp & had the Profitt of the s^ Cattle & yo"" Pef cannot
gett Possestion all though he hath divers times Demanded the same
yo' Pet"^ Craues of this hon**** Court to Cause & Compell the said
John Deere to make a flFuU delivery of all such Cattle &
You"" Pef shall ever Pray &c.
Abraham Holeman swome in Court 20*** July 1658 Saith. That
John Deere tould yo' Depon* he had one Cow of William Boreman &
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112 Provincial Court Proceedings, 1658.
Kent Co. one younge Cowe a heifer bdonginge to the s^ Boreman the former
^'p!^i?4 ^we Called by the name of Crop w^ the s^ Deere shewed yo' Pet»**
& ff urther saith not.
Gott V. War* to the Shiriff return*^ & 2 Suppenas
Henry Gott haveinge Arrested Charles Stuard in an aco° of the
Case to the Valine of tenn Thousand pounds of Tob. & for this
bringeth his suite.
The Plan* moveth for Certaine Cattle in the hands of Charles
Stuard, w^ ware mayd over by M*^ Tho. Ward Decedent to M*^ Hen.
Morgan, in the behalfe of the Orphant Tzhytha, Short but now the
wife of the s^ Stuard.
The Court not findeinge cause of any relief flFor the Plantive
herein doth therefore order the Plan* to pay Cost of suit Else
Execucon.
Boreman v. M*^ John Coursey Moveth this Court As Attumey of Will Bore-
Decrc j^^n Against John Deere & hath pduced a Bill of the s^ Deeres for
six hundred & six Pounds of Tob & Caske John Deere beinge there
p'sent Confesseth the debt.
The Court doth therefore order th* the s*^ Deere shall pay the
Debt in Pickt & Culld Tob w*** the Charges. Else Exec"
Re Crouch Nicolas Pickard & Mary Baxter hath moved this Court to have
George Crouch The sonn of Geo: Crouch decedent, Lefte in the
Custody of Nico. Pickard afores^
The Courte doth therefore Order By & with the Consent of the
p. IIS said Nicolas Pickard & Mary Baxter, That the s*^ Geo. Crouch bee &
Remaine in the Custody of the s*^ Pickard & that all the Childes
Cattle shall remaine w*** Nico : Pickard, And hee to have the half e
of the Male increase from this time forward, ffor Keepinge the s^
Child & putinge him to scoole & fumishinge the Child w*** other
necessaries soe longe till Just occation be mayd Appeare as Law
provides for Orphants in such Cases
Testis me John Coursey Clk.
Oath of Henry Carline beinge demanded to subscribe the Engagement
Fidelity Accordinge to Condicons of surrendering the Govemm* & the Acts
of Assembly puideinge in that behalfe, Makes this Answar That in
Conscience hee cannot be Aidinge and Assistinge, neither can hee
Aide & Assiste, neither can he Oppose, The Govemm* hee owneth &
will pay all Lawfull Taxes th* shall be Demanded of him
The same Answar gives
John Westley
John Ellis
Rob* Martin
Eddw*^ Burton
William Elliot
ffrancis Barnes
EddCoppage
Rob* Dunn
Vera Copia Testis John Coiu^ey Cflc
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Provincial Court Proceedings, 1658. 113
To this Hon"« Court Kent Co.
Pattericke Forest requesteth th* all such psons who stand as ^^117^
indebted to the Estate of M*^ Thomas Hatton Decedent doe here, |e Hatton't
either vpon Oath or discharge, make what they can Appeare, to **
Qeare th"*selves of those debts, or flFees, otherwise Execuon to
proceede
And yo*^ Peticon*^ shall pray
The Court doth therefore order That all such psons as are con-
cerned herein, make their Appearance and to Cleare th"selves if they
can, or At any other Court when they shall be there vnto Called.
M' Thomas Bradnox swome in Court, 20*** of July 1658 Saith.
That all such flFees as ware due from me to M*^ Thomas Hatton I
have payd to M*^ Tho. Marsh & for M' John Russell the whole
Charge of one Pattent, the Charge is 214* of Tob. & the Pattent 147*
the whole is 361* and further saith not.
M^ Tho : Hinson swome the same time saith. That all such flFees
as ware due to M' Tho. Hatton yo' Depon* veriwell remembreth
th* hee hath payd M' Tho: Marsh decedent the Depon* M' Tho.
Hinsons Charge of flFees is 137 of Tob & Caske & flFurther saith not.
Vera Copia Test : John Coursey CHc
Joseph Wickes swome this 21*** of July 1658. Saith. That this
Deponant was Indebted by Bill & acc*^ vnto M"" Thomas Hatton,
about the quantytie of Eighty one Pounds of Tob. w** bill was in the p. "8
Custodye of M"" Thomas Marsh & the fores^ Tob. was demanded, &
Payd vpon the Gen'ale Ac* betwixt the s* Marsh & this Depon* to
the best of this Depon** knowledge, & flFurther saith not
Jurat Cora Philip Caluert. Joseph Wickes
Cap* Rob* Vaughan Swome 20*^ July 1658 Saith
That beinge at S* Maryes som time in March 1652 at A Court
there holden M' Thomas Hatton tooke out Exetf* against Francis
Lumbard for flFees th* the s*^ Lumbard had received of M' Hattons on
the Isle of Kent M*^ Thomas Marsh beinge there p'sent, desired M'
Hatton to stay the servinge the Exec for it would vndoe the s^
Lumbard, & That the s*^ Marsh would receive the Tob for him & to
see him payd at the Cropp, th* he would deliver him the Execii w**
as yo*^ Depon* Remembreth was about 2006* of Tob or thereabouts &
further saith not.
Jurat Cora John Coursey
M' Henry Morgan Swome the same time
Saith
That beinge At a Court at Sciveme some time aboute flFower or
five yeares since yo^ Depon* heard Tho : Hinson tell Thomas Marsh
8
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114 Provincial Court Proceedings, 1658.
Kent Co. th* hee had an Exec** for M' Hatton against Lumbards Estate M'
^%^?w ^^^sh answared what doe you tell me of that s*^ Marsh th* you have
neclected yo' office for ought I know you must pay the debt, what
tell you me of it s^ Marsh to Hinson, why did not you serve yo'
Execution, & these ware the words or the full sence there of &
ffurther saith not
Jurat Cora John Coursey.
Liber
P C R-
* p! 71 These are in the Lord Prop** name to will & requ)rre yo", to bring
^^^Thu^ the Body of Thomas Thurston to M' Henry Courseys, about 2
ston o'clock on Sunday next, being the 25*** of this p*nt month of July,
J"^^5th there to exspect & remaine untill my comming or arryuall thither, &
against for soe doeing this shall be yo*^ warr* Gyuen att Anarundell this
^^^ 22**» July 1658 Jos. flfendall.
omitted as To M' Will" Coursey SheriflFe of Caluert County or to any other,
3 ffArir. who haue the s*^ Tho: Thurston in Custody.
353
p,p Symon Ouerzee complayneth agst Richard Abrahall, & alleageth
dvtt-zecv *'^* being indebted unto him, in the stunme of fowrteene Thowsand
Abrahali pownds of Tob, hee is informed th* the s*^ Abrahall is departed &
fledd outt of the prouince, thereby to defraude him of his s^ Dd>t,
to his great dammage.
Attatchm* to the Sheriffe of S* Maries County, to attatch &c : to
the ualew of 14006* Tob. Ret next Prouinciall Court to be holden att
S* Leonards 8*^ Septend/
Re Lewis's An Inuentory of the Estate of Cap* Will" Lewis deceased, brought
^^** into the Secretaries Office, by George Goodrick Admistrato* of the
same & Appraysed by the Oathes of Edmund Lindsey & John Kane.
Imp' 14* of pewter att 8* p* * 0120
It. An old ffeather Bed & Boulster 0250
A payre of great Stilliards 0200
A warming-pan 0010
Two great iron skilletts (crackd) 0100
Two small iron potts 0120
Two payre of potthooks, & Two small hookes 0025
Three old iron bownd payles 0010
Three Guns & a short barrill of a gun (unfixd) 0430
Two little old chests 0050
Two old Indian matts 0005
p. 73 one Cros-saw, one Tenant saw, one whip-saw 0145
one hand saw 0015
one Bare skin & a halfe 0020
one small Grindstone 0045
one fate, made w*** boards, & a forme of a splitt plank 0005
A Leafe of a small table & forme. 0020
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Provincial Court Proceedings, 1658. 115
Two old Runletts 0010 Libcr
Two homine-Trayes 0005
A percer & drawing knife 0010
A little old brasse kettle, & a peice of an old iunke 0030
A Childes cha)rre, & a straw bed & a Boulster 0040
An old small brasse Lamp. 0002
An inch Auger, A gimlett & a little iron kettle 0025
Three yowng Sowes, w*** three pigges 0350
ffowre shoates, A boare a quarter old 0120
Seauenty Armes Length Roanoke receaued as Debt 0300
Three steeres & Bull all of the" about the age of 3 yeares old 1 100
One Steere aboue 4 yeares old 0450
flFowre Calfes att a yeare old 0800
Wittnesses to the Appraysm* 4812
John Browne The mark of T Edm : Lindsey
Will" Robinson. The mark of X John Cane
These Cattle here mentioned, were made ouer to M*^ Rob* Slye by
Cap* Will" Lewis in his life time, for security of a Debt owing to
the s*^ M' Slye & a Judgm* of Court graunted for the same, W^
Cattle were ualued by the fors** Appraysers as foUoweth (Viz)
flFowre Cowes w*** 3 calfes att 556* p* Cow 2200
One heifer w*^ a Calfe 0500
one heyfer 2 yeares old w*^out a Calfe 0350
4050
Wittnes John Browne f Edmund Lindsey
Will" Robinson| John Cane, Aprays**
Vncertaine Debts & Goods belonging to the Estate of Cap* Will"
Lewis, W^** yett I haue not found.
Imp' Edmund Lindsey his Debt, By Bill 0500
It. Eighteene Barrells of Come deliuered to M"" Gerard flFowke.
Two heifers of 3 yeares old.
One Steare of 4 yeares old
3 guns deliuered to Paul Simpson as M' flFowke attesteth
under his hand.
On gun left in John Jenkins hand
one gun left in Will" Robinsons hand. p. 74
Thomas Wilkinson in Virginia is indebted for a seru* 2000
The Empero* of Pascatoway is indebted (as I am informed)
to Cap* Lewis Twelue Beauer skins.
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ii6 Provincial Court Proceedings, 1658.
Liber Whereas Michael Tennison of Anarundell County w*** in the
Re^Ton^ prouince of Maryland, is lately Deceased, And hath (as is affirmed)
son's Estate made his Will, & appoynted therein Exequuto** But the will not att
present appearing. These are to authorize Cap* Will" ffuller of Ann-
arundell County afores*, to take the Estate of the s*^ Michael Ten-
nison into his Custody, & secure the same from imbeziling, untill the
Will bee produced, or untill further Order from mee.
Philip Calvert.
Re Uoyd's I John Lloyd of S* Maries in the Prouince of Maryland Gent"
[see Bald- being weake in Body, but in p*fect memory, Doe hereby make &
win ^Calra- ordaine my Last Will & Testam* in manner & forme following,
dar of Wills /ir* \
I 219] (Viz)
My Soule I bequeath to Allmighty God, my Redeemer & Sauiour
Jesus Christ, Trusting & hoping to be saued through his meritts &
passion.
My Body to the Earth to be decently buried in the Ordinary
burying place in S* Maries Chappdl yard.
As to my Worldly Estate, w^ Allmighty god hath putt mee as
Steward ouer in this world, I doe dispose of in manner & forme
following (Viz)
Imp' I doe giue all my Lands, Debts, Goods & Chatties (except
such as I shall reserue to other uses hereafter) w**4n this p*ouince of
Maryland, unto my Deare & Welbeloued Wife Margarett Lloyd
whom I doe make my sole Exequutrix.
It. I doe giue unto M*^ Thomas Eure, my black suite, & Qoake & a
remnant of the same Qoath, my suite is made of.
It I doe giue to Cap* John Price, my Rapier & Belt.
It I doe giue to M' Richard Willan Two Barrells of Corne, & a
payre of new winter shooes.
It I doe giue to Rob* Joanes a Bill, by w** hec stands indebted to
mee, in the summe of one hund^ & fifty pownds of Tob. or there-
abouts, & my owne old Coate lyn'd w*** Bayse, & my Irish stockins.
It To such persons as shall carry my Corps to Church each of
them a black mourning Ribbon & a payre of gloues. But in case my
s^ Exequutrix should dye intestate I doe bequeath all my Estate, both
Reall & personall. Lands, debts, goods, & chatties w*soeuer w*^ in
this prouince of Maryland, to the English Colledge of Secular
Preists att Doway in fflaunders.
p. 75 And in case of such Decease of my s^ Exequutrix intestate as
afores*^, I doe constitute Philip Caluert Esq"" And Thomas Eure
Gent" ffeoffees in trust, for the sale & disposal of all my s*^ Estate,
w*^in this' prouince of Maryland as afores^ It, & euery part of it,
to sell & dispose of to the best aduantage for the sole use & behoofe
of the s^ Colledge of secular Preists att Doway in fflaunders. To the
intent They pray for Our Soules.
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ProvincuU Court Proceedings, 1658. 117
And in case of the Decease of my s^ Exequutrix intestate as Liber
afores*^ I doe giue & remitt unto my sister in Law, Margery Molins, ^- ^* ^
all the time of Servitude, that then shall remaine due by the Custome
of the Country. And one py'd Cowe, & her Calfe ; All my Rights to
Land, by uertue of the Condicons of Plantaon, And the Bed shee
lyeth on, w*** the Boulster, Rugge, Blanketts, & a payre of Sheetes.
In testimony That this is my Last Will, I doe hereto sett my hand &
Scale, this 26th day of June Ano Dni 1658, Reuoaking hereby All, &
any other Will & Testam* by me formerly made, ffor further clearing
of my intent, & meaning in the constituon of Philip Caluert Esq' &
M' Thomas Eure, flFeoffees in trust, soe as in that clause of my Will,
relaon thereto being had, doth appeare. I doe declare th* in case M*^
Thomas Eure should dye or refuse to ioyne w*^ the s*^ Philip Caluert,
in such sale & disposal! to the use & intent in the s^ Clause limitted,
That then it shall bee Lawfull for the s*^ Philip Caluert alone, to sell
& dispose of my s*^ Estate to the fores*^ uses.
John Lloyd
The + Scale.
Signed & Sealed in the p*nce of (That Blott in the 7*^ Line, of the
2^ page, being made before)
George Briton. William Harper. Will™ Bretton.
Concordat Cum Originali, Exaiat p* Will" Bretton Qer.
George Breton maketh oath th* hee was p*nt when M"" John Lloyd
signed & sealed this Will not long afore his Death being then in
perfect memory & in noe danger of dying as he supposed : The s*^ M'
Lloyd desyring this Depon* to wittnes the same, w^ he did w*^ his
owne hand.
George Briton
Will" Harper depouit idem uerbatim, quod George Breton.
William Harper
Jurat Cora me Will" Bretton.
Will" Bretton deposeth idem uerbatim quod George Bretton et p. 76
Will" Harper, ut supra, & further addeth. That hee writt, & tran-
scribed this Will, att M*^ Lloyds request. Signing it, (w^ the other)
w*** his owne hand as a Wittnes, & doth uerily beleiue th* It is the
Last Will & Testam* of the s^ M' Lloyd.
Will" Bretton
Juratus Coram me Philip Calvert
Re Smith's
Will" Greengoe maketh Oath, That Maurice Smith, being sodenly Estate
taken sick, & likely to dye. But in perfect memory in p*nce of this Ba?d^
DeponS Desyred Henry Banister to pull of his shooes. And the s^ Calendar of
Wills]
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ii8 Provincial Court Proceedings, 1658.
Uber Maurice gaue him the s*^ Banister, the Key of his Chest, Saying, Take
P. C R. n^y writings, & All that I haue bidding him bee a good husband,
adding further, what he gaue him, might doe him good hereafter.
Jurat Cora me Will" Bretton.
July 28th Whereas it appeareth by the Oath of William Greengoe, that
Maurice Smith intended all the Estate, w** he had unto Henry
Banister, It is thereuppon Ordered by Philip Caluert Esq"" Judge in
Testamentary Causes w*** in this prouince. That the s*^ Henry Banister
(putting in Recogniz) haue Ires of Admistraon drawne.
This day came Henry Banister, & acknowledgeth himselfe in-
debted to the L*^ Proprietary, in the summe of Three Thowsand
pownds of Tob. In case hee doe not make, or cause to bee made, a
true & p*fect Inuentory of all & singular the goods, chatties & Debts
of Maurice Smith deceased : w^ shall or may come to his hands,
posses" or knowledge. Nor the same doe exhibite into the office for
p*obate of Wills, & granting admistraons before the first day of
Septemb*^ next, Vnlesse uppon iust demand longer time be gyuen
him by the Secretary, nor the same goods, chatties & debts, doe well
& truly admister. That is to say, doe not pay the Debts of the s*^
Deceased, w^** hee did owe att his decease, as far as the s*^ goods,
chatties & debts will extend, & the Law charge him, Or if hee shall
not make a true & iust accompt of & uppon his s^ admistraon, when
hee shall bee therto Lawfully requyred, shall not distribute & dispose
the remainder of the s^ goods & chatties, w*** shall bee fownd uppon
his s*^ ace*, exaied, & allowed in the s^ office, in such manner & forme
as shall bee limitted & appoynted, by the Judge or Judges appoytited
& authorized in th* behalfe. Or shall not att any time acquitt & saue
harmelesse the Secretary, & all other officers impowred to the graunt-
ing of Lres of Admistraon agst all p*sons, hauing, or pretending to
haue any right or interest in & to the s^ goods, chatties & Debts.
H Banister
Recognit Cora me Will" Bretton.
p. yy Caecilius Absolute Lord & Proprietary of the Prouinces of Mary-
land, & Aualon, L^ Baron of Baltemore To Henry Banister of S*
Maries County Greeting, Whereas Maurice Smith late of this prou-
ince deceased, hath (as is to our Secretary proued) made his Will
nuncupatiue, & constituted Henry Banister his Exequuto*. Wee
doe therefore giue & graunt unto yo" the s^ Hen : Banister full power
& authority to admister All & singular the goods, chatties & Debts of
the s^ Deceased, And to demand, collect, Leauy, & in Legall manner
requyre & receaue All, & all manner of Debt, or Debts due & oweing
to the s^ Deceased, & well & faythfully to dispose the same. And
out of the Debts, goods & chatties o fthe deceased, w** haue, may, or
shall come to yo' hands or posses" well & truly to pay the Debts due
by the s^ deceased, soe far forth as the same shall thereto extend &
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Provincial Court Proceedings, 1658. 119
the Law will charge you, according to the true ualew & summe Liber
thereof. Yo" hauing first taken yo"" Oath, well & truly to admister ^- ^' ^
the same. And to make or cause to be made a True & p*£ect In-
uentory of All & singular the goods, chatties, & debts of the s*^
Deceased, w*^ haue may or shall come to yo*^ hands, posses", or
knowledge. And allso a True & iust Accompt in & concerning yo*^
admistraon therein, And to exhibite both into the office for Probate
of Wills, graunting Admistraons lawfully authorized, Touching w^
Inuentory, you are assigned to p*forme att or before the ffirst day of
Septemb*^ next ensuing, And an Accompt, when yo" shall bee thereto
lawfully requyred. And lastly wee doe hereby constitute, ordaine,
& appoynt yo" the s*^ Hen : Banister Admistrato* of All & singular
the goods, chatties & debts of the s^ Deceased. Gyuen att S* Maries
under the Great Scale of our prouince of Maryland this 28*^ day of
July in the 27^ yeare of Our Dominion ouer the s^ prouince of
Maryland, Anoq* Dili 1658. Witness Our Deare Brother Philip
Caluert Esq', Secretary of Our s^ prouince
Philip Caluert Seer.
Will" Edwin swome Cunstable of S* Georges hund*^ as in the Constable
Cunstables Oath Supra f ol. 56.
Giles Glouer demandeth warr* agst Richard True in an accon of Glover v.
the Case to the ualew of 10006* Tob. ^"""^
Warr* to the Sheriffe of Caluert County to arrest &c : Ret. next
Prouindall Court, to be held att S* Leonards 8*^ Septemb'
John Bolaine demandeth warr* agst Richard Trew, in an accon Bolaine v.
of the Case to the valew of 706* Tob. ^""^^
Warr* to the Sheriffe of Caluert County to arrest &c: Ret. att the
Prouinciall Court, to be holden att S* Leonards 8*^ 7*^ next
Cap* Thomas Comewalleys demandeth warr* agst Richard Watt- Comwallcys
son in an accdn of the Case. ^* Watson
Warr* to the Sheriffe of Charles County to arrest &c : Ret att the
Prouinciall Court to be holden att S* Leonards 8*^ Septemb' next
George Mee demandeth warr* agst John Delahay in an accdn of Mee v.
Debt of 506» Tob. ^^^*y
Warr* to the Sheriffe of Charles County to arrest &c : Ret. att the
Prouinciall Court, to be holden att S* Leonards, 8*^ Septemb' next.
Sher. lool Writt of Exequuon issued out uppon the goods & p. 78
Qer. 077 /Chatties of Stephen Ticknor for Sheriffs & Qarks ffees y TidbSr''^*
(Viz) to the Sheriffe 56* Tob. To the Qark 54* besids the writt of
Exequuon & Sheriffs ffee for Leauying.
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Estate
I20 Provincial Court Proceedings, 1658.
Liber An Inuentory of the Goods & Chatties of Maurice Smith, deceased
Juiy^^ brought into the Office by me Henry Banister, & Appraysed by
Re Sn^s Philip Land, & Roger Isham 21*^ July 1658.
one Bill of M' Thomas Belcher 506* Tob.
for Wages from pipt W" Stone 329
one suite of Broad cloath 200
one old suite, Coate, Wast-Coate, & drawers 100
Thre old Shirts 050
one payre of new-stockins 012
Two payre of old stockins one payre of old
Bootes, one pa)rre of old shooes, one old hatt I 050
Praysed by vs Philip Land Roger Isham. J 1241* Tob.
Re Lloyd's Whereas Margarett Lloyd the Exequutrix of John Lloyd of S*
*^ Georges hund^, in the County of S* Maries, Deceased, exhibited to
Philip Caluert Esq^ Judge in Causes Testamentary, the Last Will &
Testam* of the s*^ John Lloyd her late husband, the 27*^ of July
instant, Which s*^ Will being before him the s*^ Philip Caluert, in
common forme proued. It is therfore Ordered th* the s^ Margarett
haue Lres Admistaon drawne Caedlius Absolute Lord & Prop* of the
prouinces of Maryland and Aualon, Lord Baron of Baltemore &c :
To all persons to whom these p*nts shall come, Greeting, Know yee.
That uppon the seauen & Twentith of July 1658, Before the cheife
Officer for Probate of Wills & graunting Admistraons, The Last
Will & Testam* of John Lloyd of S* Georges hund^ in the County of
S* Maries Gent" Deceased, Was att S* Maries in common forme
proued, W^ Will is to these p*nts annexed. And Admistraon of All,
& singular the Goods, Chatties & Debts, of the s^ Deceased, w** any
manner of way conceme him, or his s*^ Will, was graunt^d & com-
mitted to Margarett Lloyd, Widdow of the s^ John Lloyd, Ex-
equutrix named in the s*^ Will, Shee hauing first taken her Oath well
& truly to admister the s*^ Goods, Chatties, & Debts, according to the
tenor & effect of the same Will, And to make, or cause to bee made a
True & p*fect Inuentory of All & singular the goods Chatties, &
p. 79 Debts of the s^ Deceased w** haue, may, or shall any way whatsoeu*
come to her hands, posses", or knowledge. And allso a True & Just
Ace*, in & concerning her s*^ Admistraon, when shee shall bee as-
signed, or lawfully called soe to doe. W*** touching, An Inuentory
shee is presently assigned to performe att or before the first of Octob'
next ensuing. Gyuen att S* Maries under Our Great Scale of Our
prouince of Maryland this 29*** day of July, in the 27*** yeare of Our
Dominion ouer the s^ proince of Maryland Anoq* Dni, 1658. Witt-
nes Our Deare Broth*^, Philip Caluert Esq* Secretary of Our s*^
Prouince Philip Caluert
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Provincial Court Proceedings, 1658. 121
Whereas Agnes Ware the Exequutrix of Richard Ware of S* Liber
Qem** Manno"" in the County of S* Maries Deceased, Exhibited to Sji^-^
Philip Caluert Esq*, Judge in Causes Testamentary the nuncupatiue Re Ware's
Will of the s^ Rich: Ware her late husband, the 15'^ of ApriU last ^^^^
1658, W^ s*^ Nuncupatiue Will, being before him the s*^ Philip Cal-
uert, in common forme proued. It is therfore Ordered th* the s^
Agnes Ware (putting in Recogniz to the L^ Proprietary of looorf
Tob.) haue Lres of Admistraon drawne.
This day came Agnes Ware & acknowledged herselfe indebted to
the Lord Proprietary in the summe of Ten Thowsand pownds of
Tob. In case she doe not make or cause to be made, a True & p*f ect
Inuentory of All & singular the goods, chatties, & Debts of Richard
Ware, deceased, w^ shall or may come to her hands, posses", or
knowledge. Nor the same doe exhibite into the Office for Probate of
Wills, & Graunting Admistraons att or before the first day of Octol/
next, Vnlesse uppon iust demand longer time be graunted her by the
Secretary, Nor the same goods, Chatties, & Debts, doe well & truly
admister. That is to say Doe not pay the Debts of the s^ Deceased, w^^
hee did owe att his decease, as far as the s^ goods, chatties & debts
will extend, & the Law charge her. Or if shee shall not make a true &
iust Accompt of & uppon her s^ Admistraon when shee shall bee
thereto Lawfully requyred. Or shall not distribute & dispose the
remainder of the s^ goods & chatties, w^ shall bee fownd uppon
her s^ accompt examined & allowed in the sayd Office, in such man-
ner & forme, as shall bee limitted & appoynted by the Judge, or
Judges appoynted or authorized in that behalfe. Or shall not att any
time acquitt, discharge & saue harmelesse the Secretary & all other
Officers impowred to the Graunting of Letters of Adihistraon agst
all persons, hauing or pretending to haue any right, tytle or interest
in & to the s*^ goods. Chatties & debts.
The mrk X of
Agnes Ware
Recognit Cora me Will"* Bretton
Concordat Cu' Orignali
Caecilius Absolute Lord & Proprietary of the Prouinces of Mary- p. 80
land & Aualon, Lord Baron of Baltemore &c : To all p*sons to whom
these p*nts shall come Greeting. Know yee th* uppon the fiueteenth
of ApriU 1658, Before the Cheife Officer for Probate of Wills &
Graunting Admistraons. The last nuncupatiue Will & Testam* of
Rich : Ware of S* Clem** Manno*^ in the County of S* Maries, de-
ceased. Was att S* Maries in common forme proued, W^^ nuncupa-
tiue Will is to these p*nts annexed, And Admistraon of all & singular
the goods, chatties & debts, of the s^ Deceased w^ any manner of
way conceme him or his s*^ will, was graunted & committed to Agnes
Ware Widdow of the s*^ Rich : Ware, Exequutrix named in the s*^
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122 Provincial Court Proceedings, 1658.
Libcr Will, Shee hauing first taken her Oath well & truly to admister the s*
^- ^ ^ goods, chatties, & debts according to the tenor & effect of the same
will. And to make or cause to be made a true & p*fect Inuentory
of all & singular the goods Chatties & debts of the s*^ Deceased, w*^
haue, may, or shall any way whatsoeu* come to her hands, posses'*, or
knowledge & allso a iust accompt in & concerning her s*^ Admistraon,
when shee shall bee assigned, or lawfully called soe to doe. W*^
touching, an Inuentory shee is presently assigned to performe att or
before the first of Octob' next ensuing. Gyuen att S* Maries under
the Great Scale of Our prouince of Maryland this 30*** day of July,
in the 27*^ yeare of Our Dominion ouer the s*^ prouince of Maryland
Anoq« Dni 1658 Wittnes Our Deare Brother Philip Caluert Esq'
Secretary of Our sayd prouince.
Philip Caluert
July 3i»* Will" Thomas demandeth writt agst Henry Potter in an accdn
^'''^tt^ of Defamaon, to the ualew of looorf Tob.
War* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court to be held 8** Septemb' next
Subpoen. Mary the Wife of Martin Kirke, John Bisco, & Martin
Kirk to testify in ditta caa. &c : uppon 506*
Claxston's Sould & deliuered by mee Edward Qaxston of S* Michaels hund**
Mark ^th jj^ ^^ prouince of Maryland Plant^, unto Marks Pheypo of the
same prouince, his heyres, Exequuto", admistrato" & assignes, one
Dark Browne Cow, (marked w*^ a Crop & slitt in each eare) w*** a
Red Bull Calfe running by her side, And I the s*^ Edw : Qaxston doe
warrant the s^ sale, to be firme, & good from all iust claimes in Law.
Wittnes my hand this 26*** of July 1658.
Wittnes John Metcalfe Edward T. Qaxston.
Fenwick v. M" Jane ffenwick demandeth warr* agst Walter Pakes in an accdn
^t^i oi Debt of i8o6» Tob. by Bill.
Warr* to the Sheriffe of S* Maries County to arrest &c: Ret next
Prouinciall Court, to bee held att S* Leonards, in the County of
Caluert, 8® Septemb' next
Fenwick V. M" Jane ffenwick demandeth warr* agst Will"* Boreman in an
Borcman ^^^^^ ^f ^^ q^^^
War* to the Sheriffe of S* Maries County to arrest &c: Ret next
Pro : Court to be held 8*^ Septemb' ut Supra.
Re Estate of This 13*** of Decemb' 1656.
Wee the Ouerseers of the Estate of Thomas Allen Deceased, w***
the consent of Thomas & Will" Allen the Sonnes & Heyres of the
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Provincial Court Proceedings, 1658. 123
afores*^ Thomas Allen, haue Sold unto Henry Potter all th* parcel! Liber
of Land, w*** was formerly Thomas Aliens the elder, Lying in S* ^- ^' ^
Michaels hund^ in the Prouince of Maryland. And further Wee the
s^ Thomas & WilP Allen doe sell & make ouer all Our Rights, Tytle
& interest of all th* Land, Plantaon, howsing whatsoeuer belonging
unto o*^ ffather Thomas Allen for euer, unto the s^ Henry Potter,
his he)rres, Exequuto", & Admistrato" foreuer. And is for a Cer-
taine summe of Tob, w** wee the sayd Thomas Allen, & Will" Allen
haue the greatest part in hand receiued. And for the true performance
wee haue hereunto sett Our hands.
Deliuered in the p*nce of Vs Tho : T Allen WilF M Allen
John Hatch Richard Banks WilP A Marshall
January 28*"* 1657.
I doe acknowledge to haue receaued of Henry Potter, the summe
of Two Thousand, Two hundred Thirty fine pownds of Tob. &
Cask in full satisfaction for th* parcell of Land, belonging to me
Thomas Allen, & Will"* Allen my Brother, Lying & being in S*
Michaels hund** otherwise called the Lower end of the Towne, flfor
w** summe of Tob. I doe quite all claimes & interests, rights & t)rtles
whatsoeu* in the same about the sayd Land. In wittnes whereof I
haue hereunto sett my hand the day aboue dated.
In the p*nce of Thomas T Allen
R Wiseman Tho. Wynne
Philip Land Admistrato* of the Estate of John Crabtree De- p. 82
ceased demandeth warr* agst Will" Steeues of Patux* in an accon l^ v '^
of the Case to the ualue of 5006* of Tob. & cask. Stecves
Warr* to the Sheriffe of Caluert County to arrest &c : Ret att the
Prou: Court to held att S* Leonard, in the County of Caluert 8**
Septemb"" next.
Philip Land demandeth warr* agst Emperour Smith, in an accon Land v.
of Debt of 50(^ of Tob. due by Bill. S°"*^
Warr* to the Sheriffe of Caluert County to arrest &c : Ret next
Prouinciall Court ut Supra.
Goods belonging to John Stringer Carpenter, late Deceased, Ap- Re
praysed & ualued by John Nicholls, & Walter Waterlin this 13*** day I^J^f^**
of march 1653, as foUoweth
A Red Coate i8c* Tob.
A peice of Stuffe & fustian 020
A Stuffe-Suite 100
one )rard 3 q***'* of holland & 1
3 q«*«» Course linnen J ^
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124 Provincial Court Proceedings, 1658.
liber Three payre of Shooes 075
P. C R. gfowre knifes 020
Siluer Buttons & Twist 057
Silke & Buttons 100
Ribbon 044
Manchester binding 006
Tape 015
Spices & pepper 010
Starch 002
Napkins 020
A Looking glasse 030
White Thread 030
Colowred Thread 030
A Demicaster & 2 bands 020
Woosted & Linnen stockins 030
Three Red Capps 003
A payre of gloues 015
A payre of Sizars & razo' 020
A smothing iron 002
Two brushes 010
Two bushells of Salt 060
ffowre Bookes 050
A payre of drawers, one Jerkin! ^^
& silke wascoate J
A payre of Bootes & Spurrs 080
ffowre old shirts 010
Pipes 009
A Chest 060
Another Chest 100
A Baskett of Tin-ware 030
Shott 008
Old Irish Stockins 005
A doz. of planes 120
A parcell of small Tooles 060
An iron Ladle 002
An old Line 003
Nayles 140
A parcell of pewter 070
A Candlestick, snuffers, skellett & locke 020
A Board Axe & Ads 030
Moldly Biskett 010
ffowre pownd of Candles 020
Two pownd of Sugar 006
An old dry Cask, & a Bagge 013
Six Cases of bottles 060
A payre of Tob. Tongues 003
A Wheel-Locke-Carbyne 060
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Provincial Court Proceedings, 1658. 125
The Totall of the aboue mentioned goods Appraysed as afores** Liber
amounteth to the full & iust quan*^ of 1998*
P. C
p. 83
Goods Deliuered to M"" Willkinson
one Thowsand of Nayles
045*
A payre of Stockins
020
Two felling Axes
040
Six y^ & i of siluer Lace
058
Two pownd & i of Soape
030
halfe a Pint of Oyle
005
An Earthen Bottle
005
A Cane
005
A payre of Small Shoocs of my owne
020
fine payre of Shooes more
125
353
Hoggs Appraysed att 200*
200*
To Humphey Howell
300
One heifer Sold to John Johnson of Accomack
400
Worke done for M"" Starkey, Appraysed att
500
Due from Thomas Benett
300
1700
Bills belonging to John Stringer late Deceased & Received by
me Edward Packer.
John ShirtcliflFs Bill
0700
John Lewgers Bill
0570
Richard Neuetts Bill
0350
Walter Pakes Bill
0700
John Medleys Bill
1059
3379
The Ace* of the Estate in full amounting to 7436*
p. 84
p' 0 Cred' Vppon Judgm*«
By Tob. payd M' Husbands
2300
Tob payd Cap* Webber
0246
Tob payd M' George Mee
0100
Tob payd M' Willkinson
0380
Tob payd Walter Waterln
0268
Tob. payd M^ Hatton for ffees'
arrjrsing uppon the Estate
0271
Tob payd M' Mathew Stone
0280
more payd M"" Wilkason
0430
Payd M"" Stringer of Accomack
0400
R.
467s
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126 Provincial Court Proceedings, 1658.
liber Del/
P. C R. To the seuerall Godds & Bills 1998
Rec*^ & by the Apraysm* &c : 0353
ut folio ante 83 1700
3379
7430
Mcdl^ Memorandu' That I John Medley Plant^ of New-Towne in the
Prouince of Maryland, doe Sell unto Thomas Carpenter one Quar-
ter of the Mill, w*** a Quarter part of the Land, hoggs & whatsoeu*
profitts thereunto belonging. And doe warrant the Sayd Sale agst all
iust Qaimes unto the s^ Thomas Carpenter & his heyres for euer.
Wittness my hand this 28*^ of June 1658. (The Land called S*
Lawrence his Land excepted.)
Test. Ralph Crouch John X Madley
John W Warren.
August 14th Cap* Edward Streeter who marryed the Relict of Co* Tho:
^^Brw>lM Burbadge Per Attomat Richard Collect, demandeth warr* agst ffran-
ds Brooks in an accon of Debt, to the ualew of fowrteene Thowsand
pownds of Tob. & Cask due by Bill.
Warr* to the Sheriffe of the County of S* Maries, to arrest &c :
Ret Pouinciall Court, to bee held 8® Septemb 'next.
Assitcr V. Will"* Assiter demandeth of Agnes the Relict & Exequutrix of
Vide foL^ Richard Ware Deceased One Thowsand seauenty & fine pownds of
Tob. uppon Bill.
Jarboe v. John Jarbo demandeth of Agnes the Exequutrix of Rich Ware
^*" Deceased, Three hund*^ & thirty pownds of Tob. uppon Bill.
Stone V. Cap* Will™ Stone demandeth warr* agst Thomas Renge in an
^p!% accon of Debt
Warr* to the SheriflFe of S* Maries County to arrest &c: Ret att
the Prouinciall Court to bee held in the County of Caluert, att S*
Leonards 8° Septemb' next
Stone V. Cap* Will" Stone demandeth warr* agst Henry Bishop in an
Bishop Accon of Debt
Warr* to the Sheriffe of S* Maries County to arrest &c: Ret 8*^
Septemb' ubi Supra.
Stone V. Cap* Will" Stone demMs warr* agst Will" Stephenson, in an
Stephenson ^^^5^ ^f Debt
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret 8*^
Septemb' ubi Supra.
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Provincial Court Proceedings, 1658. 127
Henry G>ursey demandeth Warr* agst Philip Land in an acc5n of Liber
the Case, to the ualew of 2006* Tob. Cows^t.
Warr* to the SherifFe of S* Maries County to arrest &c: Ret. att Land
the Prou : Court 8® Septemb' ubi Supra.
Jhon Lord demandeth warr* agst Mathew Stone, in an acc5n of Lord v.
Debt of 700C^ Tob. due by Bill. ^^^^
Warr* to the SherifFe of S* Maries County to arrest &c: Ret. att
the Prou : Court to be held 8** Septeml/ next
Proclamation. Postpone-
ment of
Whereas the Prouinciall Court was appo)mted to be holden the Court
Eighth day of Septemb' next, But by Reason of the backwardnes of "^"^^^ ^^^
the Inhab** Crops, w*** would be uery preiudiciall unto many, th*
are to attend there And haue humbly requested mee, th* the Court
may bee putt of for some longer time, flfor w*** reason I doe therfore
appo3mt th* the next Prouinciall Court shall be kept uppon the fift
of Octob' next ensuing, And th* all warrants, & other busines con-
cerning th* Court, shall still stand in force And all such p*sons hauing
any busines att the s** Court are hereby willed & requyred then &
there to giue their attendance, And allso th* the Sheriflfe of S* Maries
County, giue notice to the Sheriflfe of Caluert County, And the
Sheriffe of Caluert County, to the Sheriflfe of Anarundell : And the
Sheriflfe of Ananmdell County, to the Sheriflfe of Kent, And euery
Sheriflfe to giue notice unto the Inhab*s in their County respectiuely
of this adiouming. Gyuen under my hand the day & yeare aboue
written Josias flfendall.
Hugh Staueley demandeth warr* agst Job Prott. in an accon Sup. Aunist aad
^^^^' i'tavdcy t.
Warr* to the Sheriflfe of Calu*t County to arrest &c: Ret next Prott
Prou : Court to be held 5® Octob' next
Jacob Lumbrozo demandeth warr* agst Will" Ewen, in an accdn Lnmbrozo v.
of Case of 306* Tob. Ewen
Warr* to the Sheriflfe of Caluert County to arrest &c : Ret att the
Prouinciall Court to be holden 5® Octob' next.
John Little demandeth war* agst Aaron Jacobson in an accon of uttle v.
Case. Jacobson
Warr* to the Sheriflfe of Caluert County to arest &c: Ret. att the
Prouinciall Court to be holden 5** Octob' ut Supra.
Writt of Sub. pena, for Tobias Norton to testify in cause Spra-
dicta. &c : 500* Tob. in cause of neglect
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128 Provincial Court Proceedings, 1658.
Liber Writt Sub pana for Will" Ennis & Thomas Seamour to testify
Lumbrwo V* ^^ ^ Cause depending betwixt Jacob Lumbrozo & Dauid Ferreira
Ferriera uppon forfeiting 500* Tob. apeice in case of not appearing &c:
Subpena etia" for Michael Baisey & Will"* Hampsted, to testify
in ditta Causa & sub eadem poena.
Ferriera v. Subpoena for Will" Hampsted to testify in a Cause inter Dauid
Berry ff^rvtin, & Will" Berry.
August 2sth Lewis ffroeman p* Attomat Nicholas Gwyther, demandeth warr*
^^«^J- agst Rob* Holt in an accon of Debt, of 100* Tob. b^ Bill.
Warr* inde to the Sheriffe of S* Maries County to arrest &c: Ret
att the Prouinciall Court to be holden in the County of Caluert 5*
Octob' next.
Gwyther v. Nicholas Gw)rther demandeth warr* agst Henry Potter, in an
hotter accon of Case.
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court ut Supra.
Chandler v. Job Chandlor demandeth warr* agst Bamaby Jackson, in an accon
Jackson ^f c^se. .
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court 5** Octob' ut Supra.
Sub poena Thomas Courtney, to testify ut dicta Causa, Ret. ut
Supra.
August 30th Thomas Gerard Esq' demandeth war* agst Cap* Will" Etians in
^ P; ^7 an accon of Case.
Gerard v.
Evans Summons to the Sheriffe of S* Maries County to wame Cap*
Kuans to attend the next Prouinciall Court, 5** Octob' next
Gerard v. Thomas Gerard Esq' entreth accon agst Cap* Will" Euans as
MnAa ^idmistrato' of the Estate of Will" Thompson Deceased, as allso
agst John Maunsell, who was the s** Thompson security, in an accon
of Debt.
Writt to the Sheriffe of S* Maries County &c : Ret. ut Supri.
Phgrpo V. Marks Pheypo demandeth warr* agst Will" Smoote in an accdn
Smoote Qf Q^^ ^^ ^j^^ y^i^^ ^f ^QQQt Tob.
Warr* to the Sheriffe of Charles County to arrest &c : Ret next
Prouinciall Court, 5® Octob' next.
Phcjrpo V. Marks Pheypo demandeth warr* agst Richard Trew, in an accon
"^ of Case, to the Valew of 4006* Tob.
[
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Provincial Court Proceedings, 1658. 129
Warr* to the Sheriflfe of S* Maries or any other Sheriffe to arrest Liber
&c : Ret. 5** Octob' ut Supra. ^' ^' ^
Sub. poena John Neuill, to testify in diet a Causa, Vppon forfeite
of 500* Tob. in Case of neglect, Ret. ut Supra.
Nicholas Kaytin demandeth warr* agst John Bisco, in an accon Kaytin v.
of Defamaon. ^^
Warr* to the Sheriflfe of S* Maries County to arrest &c : Ret. next
Prouinciall Court to be holden 5*^ Octob' next.
Sub poena, for Marks Pheypo & WilP Asbishton, to testify in dicta
Causa. Ret. ut Supra, on the behalfe of the pif.
Subpena for Rob* Smith, Rose his Wife, & Will" Ashbiston to
testify in eade*^ causa, on the behalfe of the Deft.
Cap* Nicholas Gw)rther demandeth warr* agst Will"* Asbiston in GwyUicr v.
an accon of Case. Ashbiston
Warr* to the Sheriflfe of S* Maries County to arrest &c : Ret. next
Prouinciall Court, to be holden 5** Octob' next.
Sub poena for M' John Metcalfe to testify in ditta Causa.
This day came Thomas Jackson & acknowledgeth to haue giuen to Ann« ffcwtcr
his neice Anne flfoster one Cow calfe, (Viz) marked, The Right Eare orc^tSc *
underkeeld; The Left Eare Cropd, w*^ Two nicks, (or little peices
taken away) of the same Eare, Together w*** all the encrease both
male & flfemale for euer, W*^ Gwift is to aduance her a portion.
acknowledged Cora' me Thomas Jackson
Will™ Bretton.
Jacob Lumbrozo demandeth warr* agst Will" Harwood in an p. 88
o^^A«« rvf n^t»^ Lumbrozo
accon 01 Case. y Harwood
Warr* to the Sheriflfe of Caluert County to arrest &c : Ret att the
Prouinciall Court to be holden att S* Leonards in the County of
Caluert 5** October next.
Sub poena for Philip Morgan to testify in the Cause, depending Lumbrozo
betwixt Jacob Lumbrozo, & M' Anthony Gallway, 506* Tob. for- ^' Railway
feiture
Julian Hoyle demands warr* agst Will"* Stockdalle, Admistrato' Hoyle v.
of the Estate of Gibbons in an accon of Case, of 2006* Tob. Adi^L^*
Warr* to the Sheriflfe of Calu*t County to arrest &c : Ret next
Prouinciall Court ut Supra.
Sub Poena for John Bagby & his Wife to testify, (under 506*
Tob f orfieture) in dicta causa. Ret. ut Supra.
9
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130 Provincial Court Proceedings, 1658.
Liber John Anderton demands warr* agst Tames Bowlin in an accon of
P. C. R. r^
Anderton v. ^^'^^•
Bowlin Warr* to the Sheriffe of Caluert County to arrest &c: Ret ut
Supra
Sub poena for Will"* Hampsted & Alexander Laremore 506* Tob
apeice, to testify in dicta Causa. Ret ut Supra.
Sub poena for Arthure Ludford (506* Tob.) to testify in eade'
causa on the behalfe of James Bowlin.
Anderton v. John Anderton demands warr* agst Henry Hooper in an accon
Hooper ^f q^^^
Warr* to the Sheriffe of Calu*t County to arrest &c: Ret ut
Supra.
Staudey v. Adam Staudey demands warr* agst Peter Sharpe in an accon of
S*«^n)c Case.
Warr* to the Sheriffe of Caluert County to arrest &c: Ret. ut
Supra.
Subpoena for Stephen Benson, & his Wife (506* Tob. apeice) to
testify in dicta Causa. Ret next Pro: Court, ut Supra.
Septcmbr Cap* Thomas Comewalleys demands war* agst Nathaniel Bur-
Co wal^ rowes in an acc5n of Case, of 1506* Tob.
V. Burrowes Warr* to the Sheriffe of CalvH County to arrest &c : Ret. ut Supri.
Septemb' John Waghop of Piny-Po)mt enters his marke of Cattle & hoggs
John (^*^-) Crop'd on the left eare w*^ a slitt in it. The Right eare ouer-
Wagh^'s keeld.
mark
ffranccs ffrances Gosse her marke (Viz) Cropd' on the left eare, w*** a hole
^Mric ^^ *^ • *^ "&ht eare ouerkeeld.
Archib. Archibald Waghop enters his owne marke of Cattle &c : (Viz) A
^*«^^ slitt in both eares.
p. 89 Archibald Waghop enters the marke of Elizabeth Waghop his
Wage's God-daughter (Viz) A slitt in both eares, w*^ an imderkeele on the
mark right eare.
Ouerzee's Know all men by these p*nts th* I Symon Ouerzee of the Prou-
^Attorncy ^"^^ ^^ Maryland haue constituted & ordeyned M'^ Philip Land to be
my Lawfull Attorney, To answere to all such suites now depending
in Law, in the County of S* Maries : & all suites now depending, or
shall bee called uppon in the Prouinciall Court, in the prouince of
Maryland. In all manner of acc6ns, of what nature soeu*^ as well to
answere, as to requyre Judgm* agst all p*sons th* shall proue to stand
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Provincial Court Proceedings, 1658. 131
indebted to mee ; or any other way sommoned att the G>urts afores**, Liber
att my suites, Promising to allow & to ratify all whatt shall be done, ^- ^* ^•
by my s^ Attorney. Allowing this my Ire. of Attorney to bee in the
forementioned premises, of soe much force & uertue, as any can bee
made, allthough any Qause, or Clauses should be omitted herein
requyred, as wittnes my hand the 3** Septemb' 1658
Symon Ouerzee.
Came Phillip Land & requesteth to haue longer time gyuen him for Re Cr^
the bringing in the Inuentory & Ace* of the Estate of John Crabtree ^ * ^
into the Secretaries Office
And uppon good Cause shewen Philip Caluert Esq' Judge in
Testamentary Causes allowed him, to perf orme the same, by the last
day of January next.
Att a Court held in Charles County 20*^ of August 1658. S^^ /'
Goodnck
M"" John Hatch 1 August 20
M'Edw: Packer.
P*nt Josias flFendall Esq' M' James Walker - Commis**
M' John Jenkins
M' Rob* Hundley
Vppon the demand of Thomas Gerard pif agt George Goodrick
dft, (adfliistrato* of the Estate of Cap* Will™ Lewis) for 306* Tob,
& 6* of powder. It is Ordered th* this Cause bee sent up to the Prou-
indall Court, Because the whole busines touching Cap* Lewis his
Estate, is there depending.
Vera Copia Ex Record, Ext*^ p« me, George Thompson.
Cap* Thomas Comewalleys demandeth warr* agst John Medley Seotembr
in an accon of Debt to the ualew of 5000^ Tob. ??*^ ,
___.,_,. "^ Cornwaleys
Warr* to the Shenffe of S* Maries County to arrest &c : Ret next v. Medley
Prouinciall Cou^t to be held 5** Octob^ next.
Thomas Belcher demandeth warr* agst Rob* Cole in an accon of p. 90
Debt to the ualew of 800* Tob. Belcher v.
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court to be holden in the County of Caluert 5*^ Octob'
next
Writt of Exequuon Granted agst the Estate of ffrancis Brookes, Gwythcr t.
to Cap* Nicholas Gwyther, for flfees accruing to the s^ Gwyther, as esuSc***
Sheriffe for the summe of One Thowsand Two hund** & sixty
pownds of Tob. & Cask.
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132 Provincial Court Proceedings, 1658.
Liber M*^ Gardiner
Gardiner M' Gerard hath bene uery urgent w*^ mee for his uindicaon from
r. Gerard yo" & taxed mee th* I gaue yo" a months time for the making good
yo' accusadn agst him, w*** he doth alleage to be long since exsp)rred.
That neuerthelesse, he doth still remaine unrepayred in his reputadn,
w^ hee doth affirme to be uery much preiudiced by yo". Wherfore
I intend (God willing) to putt an end to it att the next Prouinciall
Court. Where I doe by these, Order yo" to bee, to make good yo'
accusadn, Aug. the 22*^ 1658
ffor M' Luke Gardiner. Josias ffendall.
Attorney Summons from the Gou', directed to M"^ ffrancis ffitzherbert, to
y^ F^tz make his p*sonall appearance att the next Prouinciall Court, to bee
Herberj holden in Caluert County, on the 5*** day of Octol/ next
Allen V. Will" Allen of London Merch* (per Attomat Thomas Mathewes)
Overzee demandeth of Symon Ouerzee 3637* Tob. & cask, due uppon ace*
Septembr Ellionor Martin demandeth warr* agst George Willson, in an
%^ ..^^ accon of Case-
Martin V.
Willson Warr* to the Sheriffe of S* Maries County to arrest &c: Ret
next Prouinciall Court to be holden in Caluert Coimty 5® Octob*^
next
Sub pena Will" Lucas, Will" Cole & John Steuens to testify in
ditta Causa uppon forfeiture of 506* Tob. apeice, for non appearance.
Martin v. Ellionor Martin demandeth warr* agst Michael Cranly in an accon
Cranly of Slaunder.
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court to be holden ut supra.
Bisco V. John Bisco demandeth warr* agst Nicholas Keytin in an accon
^^*5^ of Defamaon.
Warr* to the Sheriffe of S* Maries Coimty &c : Ret ut Supra.
p. 91 Thomas Comwalleys Esq' demandeth warr* agst Marks Pheypo,
Comigifieys in an accon of Debt
r, Pheypo
Warr* to the Sheriffe of S* Maries County &c : Ret next Prouin-
ciall Court to bee holden 5® Octol/ ubi supra.
Fenwidc v. Sub poen. to the Sheriffe of S* maries County to wame Rich :
Pakes Bennett John Bogue & Will" Yownge to testify, in a Cause, betweene
M" Jane ffenwick & Walter Pakes, under sorf Tob apeice forfeiture,
for neglect of appearance Att the request of the s^ Pakes.
Jackson v. Bamaby Jackson complayneth agst Cap* Will" Stone, for th* the
Stone s<i Cap* Stone killed a Steare, w^ did belong to the Compln*
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Provincial Court Proceedings, 1658. 133
Summons to Cap* Stone &c ; Ret. next Prou : Court, 5® Octot/ Liber
Sub poen, Thomas Griffin to testify in ditta Caa. ^' ^' ^
Subpoen, for Martin Kirke, & his wife to the Sheriflfe of S* Maries Boreman v.
County to testify in a Cause depending betwixt Will" Boreman, & ^""^^^
ffrancis Brooke, att the request of the s** flfr : Brooke.
Cap* Nicholas Gwyther demandeth warr* agst George Goodrick, Gwythcr v.
admist' of the Estate of Cap* Will" Lewis, in an accon of Debt of ^SS^fn^
600* Tob.
Warr* to the Sheriffe of Charles County to arrest &c : Ret next
Prou : Court to be holden 5® Octot/
Warr* Graunted by the Gou* att the Request of Thomas Gerard Gerard v.
Esq*^ agst James Lindsey & Richard Willan, in an accon of Case, Ret. ^^"^1**^
att the Prouinciall Court to be holden att S* Leonards in the County
of Caluert 8® Septemb' next, by adiurm* 5** Octob.
Robert Kadger demandeth warr* agst Edward Packer as the Kadgcr v.
Attorney of Cap* Samuel Tilghman in an accon of Case, of 1800* ^^^^^
Tob.
Warr* to the Sheriffe of Charles County to arrest &c : Ret. att the
Prouinciall Court to bee holden att S* Leonards 5** Octob. next.
Richard True Attorney of Ma' Thomas Selye demandeth warr* Selyc v.
agst Henry Adams, in an accon of Debt to the Value of 2800* Tob. Adams
Summons to the Sheriffe of Charles County &c : Ret. next Pro-
uinciall Court, to be holden 5** Octob.
Will™ Empson demandeth warr* agst Will" Marshall in an accon Empson v.
of the Case. Marshall
Warr* to the Sheriffe of Charles County to arrest &c: Ret. att
the Prou : Court to be holden 5® Octob' next ut Supri.
Luke Gardiner compla3meth agst Thomas Gerard Esq' & de- p. 92
mandeth writt, in an acc5n of the case. G^rST"^ ^'
Sumons direted by the Gou* to the Sheriffe of S* Maries County,
Ret next Prouinciall Court to be holden 5® Octol/ ut Supra.
Summons Graunted by the Gou* to wame Thomas Carpenter to
bee att the next Prouinciall Court to be holden 5^ Octob' att M' Tho :
Gerards request.
Summons granted by the Gou* to Wame M' Ralph Crouch, to be Attorney
att the next Prouinciall Court, to be holden 5*^ Octob' on the behalfc ^^^1
of the L** Prop* to testify, Concerning Seditious & mutinous words hcrbcrt
spoken by M' ffitzherbert.
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134 Provincial Court Proceedings, 1658.
Liber Sub poena to the Sheriffe of S* Maries County to warae Elizabeth
LaS^ofSl RoWns Thomas Bassett, Will" Yowng, & Richard Bennett, to testify
r. Smith their knowledge in a Cause depending betwixt James Langworth &
Emperour Smith, att the request of the s** James Langworth, Ret ut
Supra.
Martin v. Sub poena to the Sheriflfe of S* Maries County to wame Will"
Greene Greene to bee att the next Prouinciall Court, there to make answere
to what shall be demanded by EUionor Martin Widdow, Ret ut
Supra.
Batten v. Will" Batten complayneth agst Cap* Will" Stone, & demandeth
Ston« writt in an accon of Case.
Summons to Cap* Will" Stone to be att the next Prouinciall Court
to make answere &c : 5* Octol/
True V. Richard True demandeth warr* agst Will" Robinson in an accdn
Robinson ^f j^^^^ ^^ ^j^^ ^^^ ^f ^OO* Tob.
Warr* to the Sheriffe of Charles County &c: Ret 5* OctoV ut
supra.
Stone V. Cap* Will" Stone demandeth Attatchm* agst the Estate of Capt
^^^EiSte WiUiam Mitchell to the ualue of
Attatchm* graunted by the Gou* to the Sheriffe of Charles County
to attatch &c : Ret next Prouinciall Court 5** Octob' next
Re Taylor Warr* directed by the Gou* to the Sheriffe of S* Maries County to
wame John Taylo' to make his p*sonall appearance att the Prouin-
ciall Court to be holden in the Coimty of Caluert 5* Octol/ next
Jackson v. Sub poena to the Sheriffe of S* Maries County to wame Marks
Stone pheypo to be att the Prouinciall Court to testify in a Cause depending
betwixt Bamaby Jackson, & Cap* Stone Ret 5** Octob' next
James Lees James Lee entreth his marke (Viz) a Crop & slitt in the right eare :
oSTfc! & a hole in the left
p. 93 Whereas by Order of Assembly the Leauies & Qerks ffees, are due
^^J*«g^J*^ & ought to be payd, by all the Inhab** of this Prouince, as they haue
as to fees bene formerly assessed.
These are therf ore to authorize & impower, any the Sheriffs of this
Prouince to destreine the goods of all such p^sons, as shall refuse, or
deny to pay or satisfy, all, or any such ffees, as are due by Leauies
and Qerks ffees, unto James Veitch & to deliuer the same unto the s*
James Veitch, & for soe doeing this shall bee yo* warr* G)ruen in
Charles County this 4*** of June 1658.
To the respectiue Sheriffs Josias ffendall
of S* Maries Charles & Caluert Counties.
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Provincial Court Proceedings, 1658. 135
An Inuentory of the Estate of Robert Parre deceased appraysed by Liber
Thomas Dauis, & Thomas Stagwell in Tob. as foUoweth. Re Pw^s
Imp* 6 Cowes , 3000! Tob. ^^^^
It. 3 yearelings 0500
4 Bull calfes 0320
One Cow-Calfe 0100
One feather Bed, Curtaynes & uallaines 0800
One Old feather Bed, & furniture belonging to it 0600
2 old slight flock-Beds 0200
2 payre of old dowglas-sheetes 0160
3 payre of old Locram-sheetes 0100
3 old Canuase-sheetes 0060
2 payre of Dowlas pillowbeers 0040
one Canuase Table Qoath, Ten Locra" napkins,
& 3 Towells 0100
Eight pewter dishes 0160
4 peices of dishes, & one small bason 0050
Eight Porringers 0040
6 plates 0060
6 small sawcers 0006
2 Saltcellers, & broken Candlesticks 0016
one white earthen dish 0004
one old warming pan 0030
one suck cup, & one dram-cup 0100
One old pottle pott, & one Pint pott 0030
One Brasse Kettle, & one brasse skillett 0050
3 small iron potts, & one spitt 0140 p. 94
2 iron pestles 0060
one frying pan, & one hand-saw 0030
one f roe 0030
One Croscutt saw 0020
2 smoothing irons 0030
One Gun, 2 barrells, & ould lock 0350
f owre old bookes 0040
Two old Chests 0150
One old Trunk 0060
One little old brasse morter 0010
f owre old Trayes 0024
One spade 0020
One old broad-Axe 0010
One Cow sold to M' Parrott 0650
8150
One seruant hauing one yeare to serue, & one hauing 2 yeares to
seme 300
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136 Provincial Court Proceedings, 1658.
liber This Appraysm* swome unto in Court this 22^ of Septemb' 1657
P. C. R. ijy ^j^g above named
Thomas Dauis
Tho: Stegall.
The 6 Cowes belonging to the Estate of Robert Parre deceased, are
deuided betweene George Peake & John Parr this 6*^ of Septemb'
1658, p* Sampson Waring, & James Thompson.
The names of George Pake's Cattle are Old begger. Cherry, & Coll,
one Bull w*** one yeareling heifer.
The names of John Parrs Cattle are Nansey, Pye, Yowngbegger,
one steere betweene 2 & 3 yeares old, w*** 2 Cow Calfes, as wittnes
our hands the day & yeare aboue written.
Sampson Waring
James i T Thompson
John John Sewell reordeth his marke (Viz) the Vpper Side of both
m^k *^f ^^^^ squar'd w*** a slitt under both eares.
Cattle
October 2 A iust Appraysm* of the Estate of Richard Ware deceased as it
^ ^SSt* ^^ appraysed by Vs Will"* Assiter & Qoues Mace.
^ Tob
1300*
0070
p. 95 A Cow w^ a Steere-calfe, & a heifer w*** a Cow calfe
""^t ^ ^ yearling Steere calfe
Two little iron potts
A spitt, an old dripping-pan, & a frying-pan, & a payre
of potthangers, & a payre of tongues
An old hand-saw, a hammer, a sedge-hooke, & al
0060
little looking-glasse J 0025
A parcdl of old cloathes 0150
An old Bed & blankett 0080
A parcell of old Tubs 0025
An old gun w*^out a lock & an old drawing knife 0030
A small Chest 0030
A parcell of broken wedges, Two porringers a dozen]
of spoones, & a parcell of old wooden dishes
August 2 1** 1658
0060
1830
WiU» Assiter
Clones Mace.
Deed of Know all men by these p*nts th* I Phillip Hide of Patux* Riuer in
Philip Hide ti^^ prouince of Maryland Plant' for & in consideraon of the full &
iust summe of Three thowsand pownds of Tob in cask to mee in
hand payd, & secured by Stephen Gary of the prouince afores^
Mariner, haue giuen, granted, bargained, sold, enfeoffed & con-
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Provincial Court Proceedings, 1658. 137
firmed, & by these p*nts doe giue, graunt bargaine, sell, enfeoffc, & Liber
confirme unto the s** Stephen Gary, the Rights of transport for my ^' ^- ^
owne person, into the prouince of Maryland afores** Togeather w***
all my Estate, right, tytle, interest, claime, & demand whatsoeuer,
of in & to the dwelling howse in w** I lately did Hue, situate, lying &
being uppon the North side of Patux* Riuer, Together w*^ all the
buildings, lands & appurtenances thereunto belonging, To haue & to
hold the s** howse, Lands & premises, w*^ all the rights, members, &
appurtenances thereunto belonging unto the s^ Stephen Gary his
heyres, & assignes for euer, w*** warrantee only agst mee the s**
Philip Hide, & my heyres, & all persons clayming by from or under
us. Prouided allwayes, & uppon condition neuerthelesse th* I the s**
Philip Hide doe hereby oblidge my selfe, my heyres & Assignes th*
noe Land shall bee taken up, neare the Lands aboue mentioned uppon
any Rights entred uppon my account, uppon Record. And I doe p. 96
hereby oblidge my selfe uppon demand to acknowledge this p*nt
writing in order to be Recorded. In witnes whereof I haue hereunto
sett my hand & Scale the nine & Twentith day of January 1657.
Philip Hide
Sealed & deliuered in the p«nce of The + Scale
Will" Mitchell
Thomas Semar
Thomas ffowkes.
Octob"^ 5*** This day Will" Assiter acknowledgeth to haue re- Assiter v.
ceaued of Agnes the Relict & Exequutrix of Rich : Ware Deceased J[^^J[^*
one Thowsand Seauenty & fine pownds of Tob & Cask. Vide supri
fol. 84
John Jarbo likewise acknowledgeth to haue receued of Agnes the Tarboc v.
Exiequutrix of Rich : Ware Deceased Three hund** & Thirty pownds ^*"
of Tob & cask.
Sub poen. to the Sheriffe to warne Roger Scott to bee att this Court Seamor v.
to testify his knowledge in a Cause depending betwixt Thomas ^^^^
Seamo^ & Stephen Gary, uppon 500* Tob forfeiture &c : att Seamo"
request.
Cap* Nicholas Gwyther Sheriffe of the County of S* Maries, Re- Sheriff's rc-
tumeth the writts directed to him for this Prouinciall Court (Viz) ^™*
All Summons & other writts whatsoeuer are returned Exequuted
Except War* x Rob* Holt, att the suite of Lewis ffroeman.
War* X Rob* Gwest att the suite of Nicholas Keytin.
War* X Rob* Cole, att the suite of Thomas Belcher.
War* X Henry Bishop att the suite of Cap* Will" Stone.
& Subpoen for Will"* Cole, on the behalfe of Ellioner Martin x
George Willson.
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138 Provincial Court Proceedings, 1658.
Liber The Sheriflfe of Charles County retumeth the writts directed to
P. C R. i^i^ (Viz) All exequuted Except Wan* x Will™ Robinson att the
suite of Rich True.
The Sheriffe of Caluert County Retumeth the writts &c: directed
to him (Viz) All exequuted Except Warr* x Cuth: Phelps, att the
suite of James Gaylourd Assignc of Peter Le Pleylor & writt x Aaron
Jacobson att the suite of John Little.
Oct 5 Att a Court held at S* Leonards in the County of Caluert 5* of
Com^^ P^^ J<^si^ ffendall Esq"" Gotf.
Philip Caluert Esq' Secrete
Co" Nathaniel Vtye
G>niwalleys The [rff producing a Bill of the defts for 837* Tob in Cask. The
V. Phcypo jg£^ Attorney M' John Metcalfe, by the pKs app03mtmS acknow-
ledged a Judgm* to the plf. for 837* Tob. according to the s* Bill.
Mr. At- The Depos" of John Caine aged 40 yeares or thereabouts swome &
^^™%raM^' examined Sayth, That hee asked M' Taylour for Drams, who told
Taylour him hee could not spare any. But afterwards lett him haue six
Bottles, whereuppon hee gaue him 27 armes length of Roanoke, &
desyred him to pay himselfe out of that for the drams, & what re-
ma)med was to goe uppon the account of goods he bought of him.
But neuer asked him the price of his drams, but told him, hee would
giue him as much as others gaue him, that bought drams before
him; & hauing lost the account w*** the s** M"" Taylo' gaue him of his
goods & drams hee bought of him, knew not what price hee had sett
uppon his drams, ffurther this depon* sa)rth not
Jurat Coram Edward Parks
The Depos" of Rob* Perkisse aged 40 yeares or thereabouts being
swome & examined sayth That hee desyred a Bottle of drams of M'
Taylo' Whereuppon M' Taylo' replyed hee had uery few, & was
loath to sell any : But the s** Perkisse telling him, th* his wife was uery
ill, & desyrous of some caused him to spare him a Bottle. The price
of w^ Bottle M' Taylo"" told him the s* Perkisse was fowrty pownds
of Tob. ffurther this Depon* sa3rth not
Jurat Coram Edward Parkes.
The Depos" of Archibald Waghop aged 31 yeares or thereabouts
being swome & examined Sa)rth That hee desyred to haue a Bottle of
Drams of M' Taylo' the s** M' Taylo' replyed he should, & asked him
what it was for. Archibald replyed it was to carry home to his wife,
& asked him what was the price of the s** Bottle. M"^ Taylo"^ replyed
ffowrty pownds of Tob. Whereuppon Archibald replyed That noe
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Provincial Court Proceedings, 1658. 139
Ordinary keeper in the Country sold soe deare, the s** Taylo' went Liber
away & sayd Well, well, & further the Depon* sayth not. ^* ^- ^
Jurat Coram Edward Parkes
His Lops Attorney compla)meth agst John Taylo' for Extortion
flfor th* the s** Taylo' sold his drams att 40* Tob p* Bottle.
W** appearing cleare by diuers Oaths taken, & confessed allso by
the deft, that hee charged soe much therfore uppon ace* Yett the
Court hath thought fitt to dismisse the deft, uppon his good obearance
hereafter.
The Court adiomed by the Gou', for a while.
Sub poen. to the Sheriff e to wame M"^ Roger Isham, & Cap' p. 9B,
Sampson Waring to testify in a Cause depending betwixt Luke Gerard^ ^"
Gardiner & Thomas Gerard Esq' uppon 506* Tob. each for not
appearing.
Sub poen to the Sheriffe to wame John Neuill & Will" Robinson Empson v.
to testify in a Cause depending betwixt WiU« Marshall, & Will™ M^*^"
Empson and Thomas Baker, att Marshall request, uppon 500* Tob.
each.
Sub poena, to wame Sampson Waring, & Sara his Wife, Will" Stavely v.
Kent, & John Burridge to testify &c: inter Adam Staueley, & Peter ^*^*^
Sharpe, Uppon 506* Tob forfeiture, each for not appearing, att
Staueleys request
Sub poen. to wame M' John Anderton to testify his knowledge, AnketiU v.
inter M' ffrancis AnketiU, & M" Jane Eltohead uppon 500* Tob. ut Eltonhcad
supra.
Sub poen. M' Thomas Mathews, & M"^ Will"* Boreman to testify Chandler v.
inter M' Job Chandler, & Bamaby Jackson, 500* Tob apeice. Jackson
P^t as afore, &-
The Court proceeded
Cap* Will™ Stone
M' Job Chandeler
M' Baker Brooke
Vppon the Complaint & Petition of the plf , & order the last Court Cornc-
&c : The deft sa)rth that hee was not bownd to secure & keepe the chandcl^'
Estate of Co" Yardley in his hands ; seing th* the Attatchm* being
semed, the Attomey of the plf neuer sued the estate, att or before
the expiraon of the Attatchm* Keeping the s** goods, or Estate, one
whole yeare & more.
Cap* Sampson Waring deposed in Court Sayth, th* hee knoweth Vid. Order
nothing conceming the defts Bond, Only th* the Bond att the death ^^^' ^'^
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I40 Provincial Court Proceedings, 1658.
Liber of the former Sheriffe, was deliuered to him as the Subsequent
P- C- R- Sheriffe.
And it appearing to the Court, th* the Estate of Co* Yardley was
conueyed out of the prouince in M' Symon Ouerzees Sloope. It is
ordered th* this Cause bee respited till the next Prouinciall Court, &
th* M' Ouerzee being p*nt, make answere to this demand.
The Depos" of Thomas Haruey aged 24 yeares or thereabouts
taken the 7^ day of Septemb' 1658, Sayth, That in the month of
May last hee went by the Order of Tho : Comewalleys Esq' w*** his
sloope to Richard Wattson for a hogshead of Tob, to carry it aboard
the White angell, & the s^ Wattson would not lett him haue it, &
further sa)rth not
Jurat Cora' Philip Caluert.
G>rne- John Grimley aged 31 yeares or thereabouts swome & examined,
"^wSjoJ ^^y* ^^^ ^^ ^^^^ *" *^ howse of Richard Wattson, When M'
p. 99 Abington Seruant to Cap* Comwalleys came w*^ Zacharias Wade to
the howse of Richard Wattson to looke uppon one hogshead of Tob,
w*** had beene formerly receiued by the s^ Abington, & had la3me
there most part of one yeare, The s** Abington desyred Richard Watt-
son in case th* Cap* Comewalleys did send for the Tob. th* hee woidd
lett them haue it. Whereuppon the s** Wattson replyed, in case th*
Cap* Comewalleys would make him paym* for the howse roome of it,
hee woidd lett it goe, & the s** Wattson desyred Abington to acquaint
Cap* Comewalleys w*** it, W*^ s^ words were past betwixt them in
January last, & ffurther sayth not
Jurat 28*** Septemb' 1658 Coram John Jenkins.
Thomas Lomax aged 28 yeares swome & examined this 2^ of
Octob' 1658 Sa)rth That in May last this Depon* being att the howse
of Richard Wattson, when Two men came from M' Ouerzees Sloope,
& told the s** Wattson they were desyred to call for one hogshead of
Tob, th* lay att the s** Wattson's howse, W^ s^ Tob. belonged to Cap*
Comewalleys, Whereuppon Wattson did aske them, if they had any
Note to testify from Cap* Comewalleys his hand. They sayd noe.
Whereuppon the s^ Wattson desyred them to tell Cap* Comewalleys,
that he would not deteyne the Tob from the s^ Cap* Comewalleys, or
any other, th* had Order to shew for it : Prouided th* the s** Wattson
had fowrty nine pownds of Tob for the howseroome of it. W^
message the s^ Wattson had formerly sent to Cap* Comewalleys, by
his seruant M' Abington & further sayth not.
Jurat Coram John Jenkins.
Vppon the demand of the pif, for a hogshead of Tob formerly
receiued, w** the deft refused to deliuer, untill the pff had payed
him, for the howseroome of the s** hogshead. It lying there in his
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Provincial Court Proceedings, 1658. 141
howse about one yeare. The Judgm* of the Court is, That the deft Libcr
ought not to haue stopped the hogshead. And if the pif was indebted ^' ^' ^
for howseroome, to haue putt it to account, It is therf ore Ordered th*
the deft pay to the pif another hogshead of Tob of the same weight,
w*^ Charges of Court.
Vppon the Respite last Court &c : The pif producing a Bill of the G)nic-
def ts for Two pownd & a half e of Beauer, It is Ordered that the pif ^^ ^*
haue Judgm* (the deft not appearing) for Two pownd & a halfe of Vid. rcsp.
Beauer, according to his Bill, w*^ Charges of Court. ^
Vppon the demand of the pif for 300* Tob. It is Ordered th* (the Comc-
deft not appearing, & Richard ffoster being his Security) the pif J^^ ^
haue Judgm* agst the s** ffoster as Security according to his demand,
w*^ CovLTt Charges
Non suite is Granted on the behalfe of the deft ; (the pif not Lord v.
appearing in Court to prosequute) w*** Charges of attendance. v^fol 370
The Court adiomed by the Gou' till aftemoone.
Twesday aftemoone All p*nt as afore & Co** John Price. p. 100
The pif demandeth of the deft 2500* Tob. Reference is graunted tomeyGrall
in the s** suite att the Request of Cap* Thomas Comewalleys the v- Hostkcycs
defts Attorney & to be determined next prouinciall Court
To the hon*^ the Gou* & Councell of Maryland Chandler v.
Jadcson
The humble Pet" of Job Chandler. Sheweth
That yo' Pet' had a Mare running in S* Maries County, & about
this time twelmonth yo"^ Pet"^ came downe there to haue marked her,
or gott her home where hearing Bamaby Jackson did lay claime to
the s** Beast, & th* hee was looking for her to marke her, yo' Pet'
meeting w*** the s** Bamaby, did before sufficient wittnes forewame
him, from marking the s** Mare. Yett neuerthelesse the same day,
or the next, he finding the s** Mare, marked her, & deteynes her from
yo' Pet^ And further yo' Pet' being att S* Maries in Jidy last,
sent for the s^ Bamaby to know whither hee would ddiuer yo' Pef
his Mare w^^'out trouble, who told yo' Pet' before Cap* Comewalleys
& others, th* the Mare hee had marked was his owne, & th* Cap*
Stone had deliuered my mare to Cap* Comewalleys, & th* shee had
Two Mare Colts.
The premises considered yo' Pet* humbly craues redresse And hee
shall pray &c :
Vppon the plfs Pet" conceming a Mare claymed by him, w** the
Deft keepeth.
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142 Provincial Court Proceedings, 1658.
Liber Cap* Thomas Coraewalleys sworae in open Court Sayth, th* when
P. C R. ^r Chandler deliuered this Dep* a Mare, he shewed him a Browne
Mare, w^ he s** was his, W** Bamaby Jackson ueiwing sayd to this
Depon* That Mare would cleare her selfe, & if th* M' Chandler
wanted a Mare, hee must looke her of Cap* Stone, Will" Boreman &
Thomas Courtney, being allso examined & nothing appearing posi-
tiuely by their Oathes, th* the Mare in dispute is the plf s Mare. But
rather suppose the contrary th* it is the def ts Marc.
And the plf not being* able to proue the same, The deft desyreth
nonsuite, W** was Granted.
Streeter v. Vppon the demand of Richard Collett the pMs Attorney, agst
Brodcs ffrancis Brooks deft for 14006* Tob by Bill, The deft denyeth the s^
Bill & the signing thereof by him.
Cap* Thomas Comewalleys swome in open Court sa3rth th* Co*
Thomas Burbadge desyred this Depon* to demand of the deft this
Bill : w*^ hee did & the deft neuer den3red it to him.
M" Jane ffenwick swome (concerning this Bill in question) sa3rth.
That shee hath he^rd M' ffenwick her husband say That ffrancis
Brooks thought to haue cheated other folks, & cheated himselfe,
affirming th* Co* Burbadge did say. That hee thought th* M' Olditch
p. loi had noe right in th* Bill, But as for himselfe he gaue, or could giue
his right therein. But hee could not giue away what doth belong to
the children. Cap* Nicholas Gwyther deposeth idem.
John Metcalfe swome Sa3rth That he heard M' ffenwick say. That
hee thought in his conscience th* that Bill was uery uniust.
Whereuppon the Court considered th* the Bill by the plf produced,
if euer signed by the deft (w** as yett doth not appeare by any
Wittnes) was fraudulently obteyned, & therfore Judge that the s**
Bill doe lye in Court till the 25*** of March next. By w** time if proofe
bee not made uppon what considera5n the s** Bill was gyuen, the s**
Bill shall be deliuered up to bee cancelled.
Baysey v. To the hon"* the Gou' & Councell
The hiunble Pet" of Michael Baysey.
Sheweth That whereas yo* Pet' hath complayned seuerall times
agst M' Robert Qarke, in not laying out the Lines of the Land,
belonging to the children of Anthony Rawlins deceased & one Order
of Court or more hath bene had in the premises agst him, Yett not-
w*^tanding he hath not remedyed it, to the great preiudice of the s^
Childrens Land, some enchroaching uppon the back-Lines as yo* Pet*
doth conceaue.
The humble Request of yo' Pet* is That the Children may bee
speedily remedyed therein, & yo' Pef shall euer pray &c: It is
Ordered according to the Pet", th* M' Qarke make a perfect Suruey
out of hand
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Provincial Court Proceedings, 1658. 143
To the R* wor* the Gouerao"^ & Councell Libcr
P C R.
The humble Pet° of Luke Gardiner Humbly Sheweth gIJSS^ ^'
That yo*^ Pef in the yeare 1652 did freely purchase of Thomas
Gerard of S* Qem** manno' Esq"" a certaine Tract or parcell of
Land, commonly called by the name of Canow-Neck, for the con-
sideraon of 5000* Tob. & cask & allready receaued; And Three
barrells of Indian Come & Two Capons yearely to be payd unto the
afores^ Gerard. And th* whereas the afores^ Gerard hath passed
unto yo' Pef a Certaine Instrimi* under his hand & Seale, as an
acknowledgm* of the fores'* Contract, w*^ promise th* if yo' Pef^
should afterward any way mislike the afores** Deed, by reason of
any clause therein conte)med not consonant to Law, or w** might
make it appeare to be noe perfect alienation, th* then hee the s**
Gerard should bee willing att any time to graunt unto yo' Pet^, a
more sufficient assurance of his s^ Land, And th* whereas yo"^ Pet"^
hath seuerall times shewed the Deed to diuers persons, well skilled
in the Law, to haue their Opinions, Whither or noe it were sufficient,
to assure the afores^ Land unto yo' Pet"^ & his hey res for euer,
according to the intention of the Bargaine. It was declared by them
all, to bee a uery imperfect Conue)rance, W*^** yo"^ Pet' understanding,
in compl)rance to the s^ Gerards promise gott another attendance
drawne agreable to the former Contract, made betweene the s^ p. 102
Gerard & yo' Pet^ & made a tender thereof to him, humbly desyring
th* hee would bee pleased, after the perusing thereof, to signe it
according to his former promise, But hee utterly denyed the signing
of it.
May it therefore please yo"^ hon" soe seriously to consider the
premises th* the s^ Gerard & his Wife, may bee forced in the behalfe
of themselues & their heyres to graunt soe sufficient assurance to yo'
Pet*" & his heyres for the afores^ Land, w*** hee hath soe long since
payed for : & that wee may be sure to remaine in quiett posses" thereof
for the future.
And yo' Pet' shall euer pray &c :
Vppon the Pet" afores** M" Susan Gerard the defts Wife being
called & appearing in Court, declareth th* shee will not uoluntarily &
freely acknowledge a fine, unlesse as compelled by the Court as the
Pet' hath requested in his Pet" Whereuppon the Judgm* of the Court
is th* the deft gyuing Bond to the pif for Twenty Thowsand pownds
of Tob. is a sufficient Security for the Third part of Eight hund**
acres of Land. And after a little space M" Susan Gerard came
againe into the Court, & declareth (to end these controuersies) th*
shee is willing & doth freely of her owne accord acknowledge a fine.
S* Maries Command Thomas Gerard & Susan his Wife th* they
hold Couenant to Luke Gardiner of Canow-neck, Bownding w*^
Two marked Trees standing uppon the Two heads of the Branches
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144 Prcwincial Court Proceedings, 1658.
Libcr of the s** neck, w*** a line drawne from tree to tree, Conteyning by
P. C R, Estimation Eight hund"* Acres, Bee it more or lesse, According to a
Deed of Bargaine & Sale from the s"* Thomas Gerard Bearing date
the ninth of Nouemb', in the yeare of our Lord God 1652
Josias ffendall.
And the finall Concord betweene the s** Thomas Gerard & Susan
his wife of the one part, & Luke Gardiner of the other, is, That the
s"* parcel! of Land called Canow neck, according to, & uppon such
Condicons, as are conte)med in the s"* Deed of Bargaine & Sale from
the s"* Thomas Gerard to Luke Gardiner & Will" Johnson, shall bee
to him the s** Ltike Gardiner his heyres & assignes for euer.
Attorney An Informaon of his L^* Attorney agst ffrancis ffitzherbert ffor
^^I^JI practising of Treason & Sedition & gyuing out Rebellious & mutinous
vide fol. speeches in this his L^* Prouince of Maryland, & indeuouring as far
' as in him lay to rayse distraction & disturbances in this D* s**
Prouince.
1. ffrancis ffitzherbert did on the 24*^ of August 1658 Trayterously
& seditiously att a generall meeting in armes of the poeple of the
Vpper parts of Patux* Riuer to muster, endeauo"" to seduce, & draw
from their Religion the Inhab** there mett together.
2. Hee did use the same Trayterous & Rebellious practice att New
Towne on the 30*^ of August 1658. The poeple being mett together
for the end afores**
3. That by these his Treacherous & seditious practices, hath
p. 103 caused seuerall Inhab** of this prouince to refuse to appeare att
Musters, That they shall thereby bee incapable of Defending the
peace & liberty of the Inhab** of his L^* Prouince, agst the attempts
of foreigne or home bred enimies.
4. That he hath Rebelliously & mutinously sayd th* if Thomas
Gerard Esq' (of the Councell) did not come & bring his Wife &
Children to his Church, he would come & force them to his Church,
Contrary to a knowne Act of Assembly in this Prouince.
Right hon"*
Since I writt my last to yo**, I haue receiued a message from M"
Gerard, w** is th* M' ffitzherbert hath threatned Excommunica5n
to M"" Gerard, because hee doth not bring to his Church, his Wife &
Children, And further M' ffitzherbert sayth th* hee hath written home
to the head of the Church in England, & th* if it bee their Judgm**
to haue it soe, hee will come w*** a p'ty & compell them. My Lord this
I offer to yo"" L^ as M" Gerards relaon, whom I thinke would not
offer to Report any such thing if it were not soe. And, my Lord, I
thanke god the Gouerm* of the Country is now in yo"^ Officers hands :
But I thinke (& I haue good grownds to thinke soe) that it will not
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Provincial Court Proceedings, 1658. 145
long continue there, if such things bee not remidyed, I told m' ffitz- Lib©-
herbert of it abou* a yeare since in priuate, & allso th* such things were
agst the Law of the Country, Yett his answere was, th* hee must be
directed by his Conscience more then the Law of any Country, I doe
not (my Lord) thrust my selfe uppon any business of quarrell, but it
is peace & quietnes I desyre, & I hope yo' L^ hath noe other cause, but
to wish the same, & soe I referre the consideraon of it to yo** &
remaine
Yo* U* most faythfull seruant to command Hen : Coursey.
Thomas Gerard Esq' sayth uppon oath, That hauing conference
w* M' ffitzherbert as they were walking in the woods, & in his ownc
Orchard, Touching the bringing his Children to the Roman Catho-
lique Church, Hee gaue m"^ ffitzherbert reasons, why it was not safe
for himself e & this Depon*, And the s** m' fftzherbert told this Depon*
That hee would compell & force them & likewise he sayd, th* hee
would excommunicate him, ffor hee would make him know th* hee
had to doe w*^ the bringing up of his Children, & his Estate.
The Depos" of Robert Slye aged 30 yeares or thereabouts swome
& examined in open Court, Sayth
That some time in or about July or August in the yeare 1656, m'
ffitzherbert being then att this Depon** howse, This Depon* desyred
m' ffitzherbert to informe him, who it was th* had scandelously &
falsely accused him of beating his Irish seruants, because they refused
to bee of the same Religion of him the s* Depon*, w*^ request M*"
ffitzherbert refused to graunt, saying th* hee did beleiue the Report to
bee false, & therf ore desyred him the s^ Depon* not further to urge
him in that busines, for he would not nor could not disclose the
Author thereof, M'^ ffitzherbert told the Depon*, that M'^ Gerard had
allso beaten an Irish Seruant of his likewise, because shee refused
to bee a Protestant, or goe to prayer w*^ those of his family th* were
soe, to w** the s^ Depon* replyed. That that Story was like the other, p. 104
(or words to th* purpose) ffor"^ w^ discourse likewise wee fell to
other Relating to M"" Gerard & the Children, M' ffitzherbert told him
the s^ DeponS th* M"^ Gerard allthough hee professed himsdfe a
Roman Catholique, yett his life & conuersaon was not agreable to his
profession, The s** Depon* asked him his reason, M' ffitzherbert
answered because hee brought not his Wife & children to the Roman
Catholique Church, Moreouer he told him the s* Depon* th* if M'
Gerard would not bring his Children to his Church, hee would force
& compell him thereunto, if hee were the same in reallity, th* hee
pretended himselfe to bee, Moreouer th* if M' Gerards life & con-
uersaon was not otherwise for the future, then what it had bene
formerly, hee would draw his sword agst him, if hee made choyce
of him for his ffather Confess*", or to th* effect. By the word, Sword,
this Depon* understood th* hee meant the Censure of the Church :
10
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146 Provincial Court Proceedings, 1658.
Libcr But this Depon* understood not what hee meant by the words, fforce,
^' ^' ^ or Compell, M' ffitzherbert told this Depon* further th* if M^ Gerard
brought not his children freely to his Church, nor educated them in
the principalis of the Romish Religion, hee would take such a course,
th* hee would undertake their Educaon in M"" Gerards owne howse,
whither M'' Gerard would giue way thereunto, or noe. This Depon*
aduised M"^ ffitzherbert to forbeare to proceed according to such
resoluon, Whereuppon after long arguing about this busines M""
ffitzherbert told the s** Depon*, th* if hee would tell him his Opinion,
what hee were best to doe, in relaon to M' Gerard his Wife & children
& hee the s^ M' ffitzherbert promised him to follow his Counsell, this
Depon* aduised him not to disturbe M" Gerard nor her Children in
relaon to their Religion, or words to th* Effect, as the s^ Depon* hath
declared, & further sayth not.
Henry Keine swome in open Court, maketh oath, That hee went
to M" Brook's howse uppon a Summons to a Muster, the 24^ of
July last. Where M' ffitzherbert made a Sermon, & M"^ ffitzherbert
comming forth demanded of them how they liked his doctrine.
And further the s^ M' ffitzherbert sayd, if any would giue him leaue
to bee in their howse, hee would now & then come & giue them a
Sermon, And if hee could gett leaue of the Gou"^, hee would preach
att the Court howse. That night, or the next day Richard Games
turning Catholike came home, & brought Two Books w* him, w*^
he sayd M"^ ffitzherbert gaue him, & further sayth not.
John Grammer maketh oath, th* hee was present att the Muster
att M" Brook's howse att the same time. And there hee heard a
Declaradn or Sermon, by M^ ffitzherbert, not exspecting any. And
after Sermon M"^ ffitzherbert sayd, that if the poeple in this Riuer
would heare him, hee would come now & then and giue them a
Sermon. Hee asked them how they liked his doctrine ; But hee heard
nobody make answere to him. The next day being Sunday this
Depon* & his Wife goeing to M" Brooke, hee mett there M"" ffitz-
herbert who asked him againe how hee liked his doctrine? Who
p. 105 answered th* some things he & other some hee did not like.
M^ ffitzherbert then asked him what those things were he did not
like? & walked out w*** this Depon*, where they had a quarter of an
howers discourse & in discourse hee gaue him this Depon* indifferent
good satisfaction, his memory being but weake in Scripture & in
conclusion of the discourse Cap* Tho : Brooke came & called the s*
M' ffitzherbert into dinner & (whither after dinner or afore he
remembreth not) hee gaue him a little Catechisme booke, desyring
him to reade it. Bidding him after hee had read th* Booke, call to
Richard Games for another Booke, & further sayth not.
The Court adiomed by the Gouemo* till to morrow morning
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Provincial Court Proceedings, 1658. 147
Wednesday 6**» of Octol/ 1658. Liber
Josias ffendall Esq' Gou* ] Co* John Price Oct. 6
M' Job Chandler
M"" Baker Brooke.
P«nt. Philip Caluert Esq' Secret*
Cap* Will"* Stone
Vppon the demand of Thomas Mathews the pifs Attorney for Allen y.
3637* Tob. The defts Attorney Philip Land acknowledgeth th* there ^^^^
were accounts betweeue the pit & the deft, & alleageth th* the deft
payd Seauen hogsheads of Tob, & putt them on board M' Webbers
ship, towards the paym* of that Debt, & produced the Depos"* of
Will™ Cornelius & Robert fford who make oath that the Tob. weighed
one Thowsand, Eight hund** & fifty grosse.
The Depos" of Will" Cornelius Mariner Aged 34 yeares or there-
abouts swome & examined the 16*^ day of June 1654 Sayth That
about the middle of ffebruary the depon* went in a Sloope of M'
Symon Ouerzee merch* of Virginia, & was by him Ordered to goe
aboard Cap* Thomas Webber lying then in S* Georges Riuer, in the
Prouince of Maryland, Where hee did meete w*^ the s** Ouerzee
aboard the s"* Ship, & by his Order unloaded Seauen hogsheads of
Tob. out of the Sloope, into the Ship. And then the Depon* did
heare the s^ Ouerzee aske of Cap* Thomas Webber afores^ whither
hee had order of M"^ Will" Allen to receaue some Tob of him. And
the s^ Webber gaue for answere hee had, & betweene M"" Ouerzee &
Cap* Webber they opened the Tob. & Webber did receaue ffowre
hogsheads & refused Three. Whereuppon the s** Ouerzee went
ashoare to Cap* Will" Stone w*^ the Depon* & finding M' Will"
Allen there told him That his Master had receiued fFowre hogsheads
of Tob, & refused Three more, & requested the s** M"" Allen to goe &
looke uppon it himselfe. But M'' Will" Allen did make an excuse to
goe att th* time. But the Depon* heard him say, hee would goe th*
weeke & looke uppon it, & if it proued merchantable he would take it :
But if not hee must take it back againe. Since th* time yo' Depon*
was seuerall times aboard the s** Webber's ship. And by Order of
M^ Ouerzee did enquyre about the Tob, The master not being aboard
the Seamen told the Depon* that M' Allen hath looked uppon the
Tob, & gyuen order th* it should be stowed away, w*** accordingly it
was done. But yo"" Depon* cannot iustly remember the weight of the
ffowre hogsheads receaued by Cap* Webber, But as hee well can
remember was about Eighteene hund"* & odde pownds of Tob. grosse,
& further sayth not.
Robert flFoord aged 40 yeares or thereabouts, Sweareth the same, p. 106
and moreouer th* hee uery well remembers the weight of the Tob, &
weighed Eighteene hund^ & fifty pownds grosse
It is Ordered that (the Tare being deducted & there remayning
1465*) the deft pay unto thje ptf, 2172*, Tob, the Remainder of the
s** demand.
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148 Provincial Court Proceedings, 1658.
Liber Whereas there was an Attatchm* graunted att the last Court, agst
C^kc ^ *^ Estate of Cap* Will"* Mitchell att the request of M' Rob* clearke
Mitcheli for 2500* Tob, It is ordered th* th* former Attatchm* be continued.
Vide fol. 47
Mathews et And whereas there was a Bill produced for a Mare & her encrease,
^ Mh^^ *^ ^^^ deliuered in Aprill 1657, It is Ordered th* an Attatchm* issue
out in the names of M"" Thomas Mathews, & M' Henry Adams
Trustees for M"" Nicholas Cawsines' children, agst the Estate of Cap*
Will" Mitchell, Ret next Prouinciall Court
Courscy v. To the hon"* the Gou* & Coimcell for the Prouince of Maryland
^°^ The humble Pet» of Henry Coursey Humbly Sheweth That M'
Philip Land of S* Maries County sold yo' Pef a Cow & a steere
calfe, the 18*** day of Aprill 1654. And yo* Pet*^ goeing for England
in the yeare 1655 did impower my Brothers, to aske, demand &
receiue the s"* Cow from the s^ Land, w** all her encrease; w** hee
refused to deliuer, hauing then or presently after killed the s"* Cow
& her calfe, as yo^ Pet' hath bene informed, Not thinking euer yo'
Pet"^ would retume againe for this Country.
Yo* Pet' therfore hiunbly prays th* hee may haue order for a Cow
& a steere of the age responsable to the aboues^ Calfe, & all future
encrease likely to ensue from the s** Cow w*^ Costs of Suite, And yo'
Pet' as in duly bownd shall eu* pray &c :
Know all men by these p*nts, th* I Richard Harrise of Patux*
Plant', for a ualuable Consideraon by me receaued, doe bargaine &
sell unto John Reade of the same place Plant' one Cow Cropd' on
both eares, w*** two slitts in each Crop, her colour is Browne, w*** a
Steere calfe browne. Marked slitt in the left eare, & under keeled on
the right, To haue & to hold the same cattle, to him the s"* Reade, or
his assignes for euer, & I the s** Harrise doe for mee my heyres &
assignes warrant to saue harmelesse the s^ Read, & his assignes
from any molestadn of any person or persons whatsoeu* Clayming
from or under mee or my assignes. In wittnes whereof I haue sett
my hand this 20*** March 1653
Wittnes Richard Harrise
Thomas Phillips
I John Reade doe assigne all my whole right & interest of this
Bill of Sale unto Philip Land or his assignes, Wittnes my hand this
20*^ March 1653
Wittnes John Reade
Richard Harrise
Thomas Philips
p. 107 Memorandu" th* I Philip Land of S* Maries County in the prou-
ince of Maryland doe for a ualuable consideraon by me allready
k
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Provincial Court Proceedings, 1658. 149
receaued, bargaine, sell, make ouer, & assigne all the w*^ in mentioned Liber
cattle unto M*^ Henry Coursey or his assignes, w*^ her future en- ^- ^- ^
crease & doe warr* the sale thereof, to him, his heyres, Exeq*^, ad-
mistrato*^ or assignes. Wittnes my hand this iS*** day of Aprill 1654.
In the p*nts of John Nicholes. Philip Land.
Vppon the Pet" & demand of the pif , for a Cow & a Steere Calfe
&c : The deft alleageth th* hee hath payd unto M*" Thomas Hatton
455* Tob towards the satisfying th* debt. And the pif auerreth th*
hee neuer gaue M"" Hatton Order to receiue, or euer receaued from
the s^ M' Hatton, any summe of Tob in consideradn of this debt in
question. And the deft not being able to proue the Contrary, It is
ordered th* the deft satisfy, or pay unto the pif a Cow & Steere calfe
according to his Bill of Sale w*** costs of suite.
George Goodrick Admistrato* of the Estate of Cap* Will" Lewis Re Lewis's
came into Court, & requesteth to be released from the s** Estate & ^***«
haue Quietus Est. And producing his account of the s^ estate, It
appeareth by the s** Accompt th* hee hath payd 5006* Tob ouer &
aboue what the personall Estate was appraysed att. It is therfore
ordered that his accoimt be allowed of, & he haue his Quietus est
W** 5000* Tob hee is to haue out of the Land, when it shall be
raysed by Extent (Memorandu" Qerks ffees & Sheriffs ffees are all
included into this summe of 5006* Tob.)
It is further Ordered th* the Land belonging to Cap* Will" Lewis Vid. fol. 260
be extended (soe far forth as it will goe) to pay the Cred", And all * ^^^' ^^^
the Cred" who haue allready brought in their claimes shall be Ap-
prays" of the s** Land.
Judgm* is graunted to Cap* Nicholas Gwyther, agst the Admis- Gwyther v.
trato*" of Cap* Will" Lewis for 572* Tob. to be recouered uppon the Goodrich
Land, when appraysed & extended according to the f oregoeing Order
Judgm* is likewise graunted unto M' Edward Packer, agst the Packer v.
Admistrato' of Cap* W" Lewis for 200* Tob, The Remainder of a ^»'' ^^
Bill of 6ocf Tob. to be recouered uppon the Land when appraysed
as af ores*
The Court uppon Speciall busines of the Councell adiomed for a (Vide 3 Md.
while & being after Called againe proceeded. ^7^* ^®""*
These are in the L* Prop™ name to will & requyre yo" to Impanell Attorney
a Jury of Twelue men to enquyre in behalfe of the L** Prop*", what ^St^* ^
shall be gyuen them in charge concerning Rob* Holt, hauing marryed
on Christian Bounefeild (his owne Wife Dorothy being then & yett
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150 Proznncial Court Proceedings, 1658.
libcr lyuing) And retume this writt w*** out delay, w*^ the names of the
P. C R. juro»^ soe warned by yo". And for soe doeing this shall bee yo^
warr* Gyuen att S* Leonards this 6**» of Octob' 1658.
Josias ffendall.
To Sheriffe or his Depu*^.
p. 108 The Sheriffe Retumeth his writt & warned
fforema"
Cap* Sampson WaringLeiu* ffrancis Armsstrongejohn Dauis
M' Philip Morgan Will" Dorington Tobias Norton
M"" George Peake Henry Robinson Alex : Macgrudder
M"^ Robert Taylor Henry Keine James Mullekin
The Charge of his L^* Attorney
Inditement Lett it be enquyred for the L** Proprietary whither Robert Holt of
Vid. foL i8s Greens Poynt in S* Georges hund**, in the County of S* Maries
Cooper, on the 28^ day of January last att the howse of Will™ Will-
kinson in S* Georges hund** in the County a fores** Qarke, not hauing
the feare of god before his eyes, & agst the peace of his s** L^ being
marryed to Dorothy Holt, did ffeloniously marry Christian Bonne-
feild, the s"* Dorothy his lawfull Wife being then lyuing, contrary to
the forme of the Statute in th* case prouided. And likewise whither
Will™ Willkinson Gierke be not accessary to the s"* ffellony, in con-
trymng & Counselling the s* marriage, after hee had diuorced the s**
Robert Holt, & Dorothy his Wife
An Enquest taken before the Coroner of S* Maries County on the
behalfe of the L** Proprietary, & Robert Holt a ffelon Escaped 11***
Septemb' 1658
Wee find according to Euidence th* the Prisoner Robert Holt, did
fly (for feare of comming to Tryall for his fact committed by his
owne confession before the Secretary) from the Sheriffe,
Will" Lucas Will" Black Will™ Palmer John Williams
John Metcalfe Will™ Heynes George Wright Daniel Qocker
Will™ Boreman ffane : Hill John Nicholds Will™ Greene..
It is motioned att this Court by the Attorney Grafl whither or noe
Robert Holt, shall be called att this Court to Outlawry; or shall
haue Respite to be called att fine seuerall Courts. And It is Ordered
that hee bee called att fiue Seuerall Courts, Robert Holt being once
called. Retume is made by the Sheriffe, Not appeared.
Attoni^ Will™ Wilkinson Qerke being called & appearing hath saued his
^Jj^^- Bayle. And It is Ordered th* the s** M^ Will™ Wilkinson putting in
Recogniz. to the L* Prop* of Twenty Thowsand pownds of Tob, to
appeare att this Court, when euer hee shall bee Lawfully called. And
thereuppon is discharged.
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ProTnncial Court Proceedings, 1658. 151
Vacat this Bond. This day came Will" Willkinson of S* Georges Ubcr
hund* in the County of S* Maries Gierke, & acknowledgeth himselfe ^- ^- ^
indebted unto the Lord Proprietary of this prouince, in the summe of
Twenty Thowsand pownds of Tob. if hee the s** Will"* Willkinson
shall not appeare by himselfe personally att the Prouinciall Gourt
when euer hee shall bee lawfully summoned soe to doe, to answere
to an Indictm* preferred agst him as Accessary to a ffelony comitted
by Robert Holt of S* Georges Hund*
Vppon the Pet" of the pif , concerning a Parcell of Land Surueyed Tmeman v.
by the deft: & forfeited after, by the Gondicons of Plantaon of w^ f!^^
the pif hauing notice procured a lawf ull warrant & took up the same
Land, Since the deft (allthough forewarned by the plf ) hath seated
& built uppon the s** Land, & disturbed the pff .
The Gourt doth find for the pif. And the deft appealing to the
Gourt in Equity. It is Ordered th* the plf satisfy the deft, what hee
payd to the Garpenters for building, & satisfaction allso for the
nayles.
Know all men by these p*nts, That I Humphrey Warren doe Warren v.
constitute M' Mathew Stone my lawfull Attorney, to act in my ^^^^
behalfe concerning all & euery business w^** may haue relaon to mee
in my absence. Wittnes my hand this 12^ of May 1658
John Baman. Humph : Warren
Vppon the demand of M' Mathew Stone the plfs Attorney, for
Twenty fiue shillings in money sterl. The deft not appearing, nor
Any Attorney for him. Judgm* is graunted agst the deft, on the
behalfe of the pif, according to his demand. Exeq" issued according
to the Order Vid fol. 217.
Vppon the Pet" of the pif for Three months worke in Gearing Mullddn v.
of grownd W^ being proued by the Oath of Gap* John Odbur, It is vid'^burs
thereuppon Ordered th* the deft satisfy the pif Three months worke. Oath fol. 49
w*** an able hand, according to his demand, w*** one hund^ & thirty
pownds of Tob. besides Gourt charges
To the R* hon^ the Gou* & Gouncell of Maryland &c : Lumbrozo
The humble Pet** of Jacob Lumbrozo Sheweth That whereas
Dauid ffereira standeth indebted to yo"" Pet* in the summe of Three
Thowsand Eight hund* Twenty one pownds of Tob & Gask, as shall
appeare by a Just accompt The w*^** hath bene seuerall times de-
manded, & hee refuseth to make mee paym* Therfore yo' Pef
hiunbly craueth redresse agst him, & yo'' Pet* shall dayly pray &c :
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152 Provincial Court Proceedings, 1658.
Libcr Vppon the Pet", & demand allso of the plf , for wages for seauen
P. C. R. months attendance on the deft, amounting to 3821* Tob. Respited till
next Prouinciall Court.
Borcman v. Vppon the demand of the plf , Concerning a hogshead of Tob, w^
v*c? 0°d^ hee alleageth to belong to him & was payd away by the deft to his
fol. 35 owne proper use (as is further expressed in an order the last Court)
It is Ordered th* this Cause bee sent downe to the County Court in
S* Maries County. That Edward Claxston be there examined,
Whither the Tob in that hogshead payd away by the deft, was the
Tob made ouer by the s** Claxston for Security to the plf or noe?
And be there determined.
Courscy v. The Cause depending betwixt Henry Coursey plf & Joseph Edlow
T^?Z deft is w*^drawne. The deft paying Costs of suite.
p. no
Coursey v. The Cause allso depending betwixt Henry Coursey plf, & Thomas
Seamor Seamour deft is w*^ drawne The deft paying Costs of suite.
Hix V. Vppon the Complaint of Richard Hix agst Cap* Sampson Waring
W^riS«.*^rt ^^^ ^^ ^* '^^^' ^"^ Thomas Branson oweth him, W^*' Branson
al. vide fol. (being in the Sheriffs Custody, & under Exequuon for the s** debt) is
"*' now in M"" Henry Courseys sendee, & made a Crop of Tob this yeare
w*** him the s** Coursey.
It is Ordered th* the plf strike the s^ Crop of Tob, & pay himselfe
Eight hund* pownds of Tob, & Three hund^ Eighty six pownds more
to Cap* Sampson Warings, for Sheriffs ffees, out of the s^ Crop.
Reade v. Vppon the Pet" of the plf Touching a mare, W** Cause was Re-
Vid.^Or'der spited the last Court.
fol. 41 The plf auerreth uppon oath. That he receaued noe other satisfac-
tion of the deft, then ffowre hund** pownds of Tob only.
It is Ordered (the deft being called & not appearing and M' Wil-
liam Coursey Sheriffe affirming in Court That Rob* Harwood told
him th* hee had gyuen the deft notice of th* Attatchm*) That the plf
be satisfyed Twelue hundred pownds of Tob, out of a Debt due from
Rob* Harwood to the deft & attatched in his hands ; w*^ Charges of
Court.
Attach
Exeqn
> the
To the Writt to the Sheriffe of Caluert County ad Exequend"* 16^ No-
Shcriffe ^^^]f according to the order supradict.
•|-200
^^Clw- 075 ^^^ P^^ being sick, a Respite is Graimted till next Court.
Hooper v.
hST^ Vppon the Respite last Court, betwixt the plf & deft, touching a
Payton Boate &c : The deft being called, & not appearing eyther by himselfe
foL 44 ^^ Attorney, It is Ordered th* the plf be satisfyed six himdred pownds
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Provincial Court Proceedings, 1658. 153
of Tob attatched in M"^ James Lindseys hands, w*** Costs & dammages Liber
according to the former Order. ^- ^- ^
To the hon"* the Gou* & Councell
The humble Pet** of John Chearman Sheweth Chearmaii
• V. Boretnan
That Will" Boreman did about the first of March in the yeare
1656, inuite yo* Pet' to Hue w^ him, uppon his Plantaon att Nan-
gemy & there to putt in w*^ his Two seruants, to plant a Crop w*^
him, the s^ Boreman finding all necessaries accordingly. Afterward
yo' Pet' hauing pitched a Crop, the s^ Boreman did promise yo* Pet'
a Boate to fetch Cask, to putt yo' Pet" Tob in. W** promise the s**
Boreman neuer kept. Notw*^standing yo' Pef did att seuerall times
presse & unto the s"* Boreman, th* yo' Pet" Tob did lye uppon the
spoyle, who Replyed his word should bee his deed & promised yo'
Pet' a Boate to fetch the s^ cask, by the last of August then next
ensuing.
Now soe it is, the s** Boreman immediately after this promise made
went downe to S* Maries, nothing regarding yo' Pet" necessity, & p. iii
his promise. Insomuch th* yo' Pet' (fearing & disturbing his well
fayre) thought himself e bownd to looke after him; & was allso com-
peld thereto, for want of the s^ Cask.
ffurthermore the s"* Boreman comming up w*^ yo* Pet' att or before
Christmasse in the then yeare, did take away his seruants, before
the s^ Crop was struck, to the dammage of yo' Pet'. Yo' Pet' neuer
seeing him the s** Boreman, nor any of his seruants from the time of
his departure till about May then next following. Where att his com-
ming up, hee the s** Boreman went & ueiwed yo' Pet" Tob, w*^** lay in
Bulk & presently uppon sight thereof. Reported, That yo' Pet" Tob
was both funkd' & rotten, the w** yo' Pef can sufficiently proue was
most false & untrue Through w^ Report & aspersion yo' Pet' was soe
much damnifyed, th* noe Merch* would soe much as looke on yo'
Pet" Tob, nor cotdd yo' Pet' that yeare for th* Cause putt of any of
his Tob.
Wherfore yo' Pet' humbly Craueth this hon"* Court would be
pleased to take the premises into their tender, & conscientious con-
sideraon, & th* they would be pleased to allow yo' Pet' such satis-
faction for his losse & dammages, as yo' hon" in right & equity shall
thinke fitt w*** Costs of suite And yo' Pet' shall pray &c :
Will" Head aged 32 yeares or thereabouts deposed sayth That Vjd. ctiam
about, or a little before Christmasse last was Tweluemonth, being chri^^* *
att the howse of Will" Boreman att the head of Nangemy ; Hee heard Joancs'
Will" Boreman promise John Chearman his Boate ; that therew*** ^^^ ^^^
Cask might bee fetched from James Lee his Plantaon to pack the
Crop of Tob, that was th* yeare made uppon Will" Boreman's
Plantaon, & further this Depon* sayth not
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154 Provincial Court Proceedings, 1658.
Ubcr To the hon"« the Gou* & Councell
P C. R.
Borcman v. The humble Pet" of Will"* Boreman hiunbly Sheweth That whe*as
Chcarman y^r p^^r jjj p^^ Jj^^q ^j^^ Custody of John Chearman Two seruants
for whose Crops, the s^ Chearman was to be responsable unto yo'
Pet', & the s^ Chearman did oblidge himselfe to use his totall en-
deauo* to make yo"" Pet' good & sownd Tob, And allso the s^ Chear-
man tooke the charge of hoggs and Cattle, & as yett hath gyen yo*
Pet' noe account thereof.
The premises considered yo' Pet' humbly craueth such satisfaction,
as this hon"* board shall iudge fitt, according to equity & Justice,
according to the dammages as yo' Pet' shall iustly make appeare &
Yo' Pef shall eu' pray &c :
James Lindsey aged 30 yeares or thereabouts sayth, th* the man
he bought of Will" Boreman was Three dayes striking of the Crop,
of Will" Boreman & another Two dayes. And this Depon* was
p. 112 Two or Three dayes a packing of the s^ Crop, & mending the hog-
heads, & John Chearman had this Depon** Boate, & a hand to help
him to fetch home the Cask for the use of Will" Boreman, & was
ready att all times to helpe the s** Chearman about the s** Crop, &
further sa)rth not
John Smithson aged 18 yeares & upwards Deposed sayth That in
or about the month of fFebruary 1656, hee went w*** M' Will"
Boreman to Nangemy to helpe him strike a Crop of Tob, w** the s**
Boreman had there, committed to the charge & care of John Chear-
man. It being att th* time when they came there a Season, & the s^
Chearman refused to haue it struck, saying it was to drye, & further
sa)rth not
Will" Samford aged 22 yeares or thereabouts, Sayth uppon Oath,
That M' Will" Boreman hauing a Crop of Tob att Nangemy, & Two
seruants there to tend it. The charge of the Crop & seruants was com-
mitted to John Chearman as the Ouerseer, And the s^ Chearman
goeing downe to S* Maries this Depon* asked him, if hee should strike
the Tob, before his retume or not ? & the s** Chearman replyed noe :
Bidding this Depon* Lett it alone, till hee came up. And Allso th*
M' Boreman came up to Nangemy sometime in ffebruary, in the
yeare 1656, w*^ Two other in the Boate, & des)rred then to strike the
s** Crop, & the s** Chearman would not consent to it, or permitt it :
Saying th* hee would not strike Tob soe drye, as then it was, alleaging
th* hee had lost to much & further sa3rth not
Edward Harwood aged 20 yeares or thereabouts, deposeth the
same, (Except the Last clause of M' Boremans comming up to
Nangemy to strike the Tob &c :) Viz. of his the s** Chearmans goeing
away to S* Maries Bidding them to lett the Tob hang till hee came up.
Edward Harwood aged 20 yeares or thereabouts sayth That about
Two yeares past his Master M' Will" Boreman had att Nangemy a
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Provincial Court Proceedings, 1658. 155
parcell of hoggs, to the quan*^^ of thirtie or more, & the s* hoggs Liber
being wanting about fiue weeks the s* Depon* would haue done his ^- ^' ^
endeauo* to haue fownd them & haue brought them home, But John
Chearman who was the Ouerseer of the seruants & Crop, would not
lett him, But sayd The hoggs would come home of themselues, &
further sa)rth not.
Will" Samford deposeth the same.
Vppon these Crosse accons of John Chearman & Will™ Boreman
Concerning a Crop of Tob &c : att Nangemy, w^ Boreman sayth was
spoyled through his the s^ Chearmans neglect & carelesnes, w** the s*^
Chearman denyeth, producing wittnesses who affirme the contrary,
affirming th* the Crop, if spoyled, was soe occasioned rather through
his neglect, & breach of promise or couen* These accons are putt to
a Jury.
Warr* to the Sheriffe for Jury. Ret forthw*^
Sheriffe retumeth his writt, & warned
fforeman p. 113
M' James Langworth Patrick fforrest Hugh Stanley
Cap* Sampson Waring Henry Ke)me James Veitch
Thomas Turner Philip Land Richard Collett
M'' Henry Adams John Holfhead Michael Baysey.
Who Retume their Verdict in writing (Viz)
The Jury being agreed, & hauing long time debated the allegaons Excqn is-
on both sides doe retume their Verdict Viz. ^^ &^Co^
Wee find to Chearman pif Twelue hundred pownds Tob. dammage >" this Ac-
w*^ cost of suite. convid. foL
And th* Boreman plf had noe iust cause of accon, Therfor a non
suite in th* accdn, w*** Cost.
The Court commanded the Verdict to be entred for the Judgm*
Vppon the demand of the pif , for 338* Tob & Cask, The deft being Jenkins v.
caird & not appearing, eyther by himselfe or Attorney, Judgm* is *^^
graunted on the behalf e. of the pif, agst the deft for Three hundred
thirty & Eight pownds of Tob & Cask, w*^ costs of suite.
Vppon this demand. It is ordered th* the Attatchm* be continued, & Adams v.
determined att the next Prouinciall Court Pamdl
Nonsuite is graunted to George Goodrick, w*^ Costs, agst Samuel Goodridc v.
Parker ^^^
Vppon the demand of the ptf for Three hund** pownds of Tob. & Jarbo v.
Cask, This Cause is sent downe to the County Court in S* Maries ^***^^
County, To bee there heard & determined.
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IS6 Provincial Court Proceedings, 1658.
Liber James Miillekin came into Court, & doth acquitt & release M'
MuUddn V. Henry Coursey from all orders of Court formerly had or obteyned
G>urscy agst him the s** Coursey, M"" Coursey pa)ring the Coiut Charges.
To the hon"* the Gouemo* & Councell
Bowling V. The htmible Pet" of James Bowling, Hiunbly Sheweth
That yo* Pet* had a Bond of M' John Andertons for fowrty
pownds sterl. w*** a Condicon thereunto annexed, w^ was as follow-
eth (Viz) That if in case the s^ M' John Anderton did fa3rthfully
buy Twenty pownds worth of goods in England, according to yo'
Pet" order to him in an Inuoyce gyuen when hee went to England
last in Company w*** the p*nt Gou"", And consigne the s^ goods soe
bought or to be bought by Bill of Lading signed by some Master of
some good ship, th* should come the then next retume of shipping
from England to this prouince of Maryland againe, (w** the s** M'
Anderton neuer did) And notw*^standing his Breach of Couen*. God
being pleased to uisitt yo' Pet' w*** a greiuous siknes this last Spring
euen unto Death, Yo' Pet' made a Will, & made the s*^ M' Anderton
p. 114 Ouerseer thereof, to dispose of th* Debt in case yo' Pet' dyed, unto a
neare relaon of yo' Pet" in Virginia, But in case hee did recouer,
That then the s^ Debt should remaine payable to yo' Pet', as att first
deliuering to him the s** M' Anderton his Bond in.
Now yo' Pef being by gods prouidence restored to his health
againe demanded of the s** M' Anderton his debt or Bond back
againe, w** the s** M' Anderton did most p^fidiously refuse. Saying
hee ought yo' Pef nothing now the humble request of yo* Pet* is th*
this hon"* Court would grant him Judgm*, agst the s** M' Anderton
for the s^ ffowrty pownds sterl. & Court Charge. And hee as in
duty Bownd shall euer pray &c :
Arthure Ludford aged 36 yeares or thereabouts Sa3rth th* hee
drew a Bond of ffowrty pownds sterl. for James Bowling & M'
John Anderton signed it, to the best of this Depon** remembrance.
To this effect, That the s^ John Anderton should ship him, by Bill of
Lading taken in James Bowlings name Twenty pownds sterling
worth of goods to be deliuered here att the first penny in England, &
further sa3rth not
The Informaon of Will" Hampstead
I will" Hampstead am able to testify, That James Bowling did
say unto mee, th* hee made choyce of John Standish, because he
knew his freinds, & hee would doe more for the s** John, then hee
should doe for another, & thus much I am able to testify uppon oath.
W" Hampstead.
M' Will" Coursey deposed Sayth, That hee tooke a Bond out of
James Bowlings Chest, att the s^ Bowlings appoyntm* & Reading it,
deliuered the same unto M' John Anderton.
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Provincial Court Proceedings, 1658. 157
M' Henry Coursey deposed sayth, That James Bowling had goods Libcr
of M' Anderton & the s^ Bowling desyred this Depon* to rate those ^- ^- ^*
goods hee receiued, & hee Judged them to bee worth fowre pownds
sterl. or thereabouts, att first penny.
Both parties being heard, It is Ordered That the deft deliuer to the
pif, John Standish, w*^ his proper hyre; & soe much goods att first
penny, as shall make up the summe of Twenty pownds. Into w**
summe of Twenty pownds the goods & seruant is to bee allowed, w**
the pif hath allready receiued for the deft.
The Court adiomed by the Gouemo' till tomorrow morning.
Sub pen. to the SheriflFe to wame Rose Smith, Will"* Osberstone, Sub poenas
& Jane Chambers to attend the Court. Eliz. Potter
The same Court proceeded
Thursday 7^ of Octob' 1658 1658
Pnf. O^ 7
Josias fJendall Esq' Gou' Cap* Will" Stone M' Baker Brooke
Philip Caluer Esq' Seer. Co** John Price Co* Nathan : Vtye.
Whereas Henry ffox is ingaged for mee to M' Thomas Hatton Hall v.
for fowre hund^ fowrty & three pownds of Tob & cask & to M' ^^j^*^^
Gwyther for fiue hund** and ninety pownds of Tob & cask & some
odde, of w** I haue made him paym* of Three hund** & six pownds of
Tob & cask, now know all men by these p'nts That I Cap* Will"
Mitchell haue for & in consideraon of the s** Ingagem** graunted
bargayned & sold unto the s** Henry ffox, as his Assignes all my
Estate, right tytle & interest of & in the howse wherein I now dwell
commonly called S* Thomas, w*** the Land & appurtenances thereunto
belonging. To haue & to hold to him & his Assignes tmtill the re-
mainder of his s** ingagem** amounting unto Seauen hund** Twenty &
seauen pownds of Tob & Cask be fully satisfyed & payd : or hee the
s** Henry ffox be fully & sufficiently saued & kept harmelesse &
indempnifyed from soe much of them. In wittnes whereof I the s**
Cap* Will" Mittchell haue hereunto sett my hand, this 20*** of Aprill
1653 Will Mitchell
Tested by Vs
Pa. Simpson
Raph Crouch.
Vppon the demand of the pif for Seauen hund** Twenty & seauen
pownds Tob & cask. The deft not appearing, And the pif producing a
Couen* shewing th* the deft ingaged a Tenem* in consideraon of that
debt demanded, as is expressed in the s** Couen* The Court not finding
any debt due from the deft to the pif, but by th* Ingagem* of S*
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IS8 Provincial Court Proceedings, 1658.
Liber Thomas's bowse. It is Ordered th^ the plf haue his remedy agst the
P. C R. Land.
Hamilton v. Vppon the demand of the plf for Two Cowes & a Calfe, belonging
Vid. f^r^ *^ *^ Estate of the Orphanes of Richard Moore deceased, W** s^
Cowes were taken away (uppon Exequuon) by the deft, & sold con-
trary to Law, and Justice, as the ptf alleageth in his Pet" The deft
sayth. th* bee brought a Copey of a former Exequuon, & desyred a
new Exequuon to be signed by the p*nt Gou* by uertue of w^ writt
he proceeded, & further sayth th* hee gaue the ptf notice of the s*
writt of Exequuon
A reference is graunted in this Cause to the next Prouinciall
Court, That the pff proue th* these cattle Exequuted by the Sheriffe,
were the Cattle sett apart for the Children of the Deceased, or any
of their encrease
Jacobson v. Aaron Jacobson plf appearing uppon writt of Scire ffacias agst
^'*^*co*ri J^h^ ^^^'^ ^^^^' * ^^^ ^** ^^^^^ "^* comming to plead to the s^
Jacobsons allegadns, It is Ordered th* the s** Little be nonsuited, & the
s** Jacobson to haue Costs & Charges of Court.
Nicholas The deft being departed the prouince w%ut any passe had or
R w^" ^t ^^*^y^^d ^^ ^^ ordered That what the pif shall make appeare th* hee
is damnifyed att the next Court, by meanes of M' Coueys carrying
away the deft in his ship w%ut a passe, shall be recouered on the s*
Couey.
p. 116 ffrancis Brookes entreth a Caueatt agst the Estate of Paul Simp-
Re Simp- 5Qj^ deceased for fiueteene pownds & a halfe of Beauer due by Bill, &
son S r.8- ^--Joi* i^rr**
tatc hue hund° & thirty pownds of Tob uppon account.
ec V. Vppon the demand of the plf for 14000* Tob, It is ordered th* this
►rahal Attatchm* be continued & the Cause respited till the pif bee here
p'nt in court.
as V. The ptf not appearing eyther by himselfe or Attorney, Nonsuite is
^otter graunted to the deft w* Costs & charges of Court to be recouered
of the pif.
ird V. To the hon"» the Gou« & Councell
*''*'''* The humble Pet" of Charles Maynard Humbly Sheweth, That
Whereas Thomas Gerard of S* Clem** Manno* Esq' did send his
note unto yo' Pet' desyring him to pay unto the Bearer thereof M'
ffloyd one hogshead of Tob, for the use of M' Robert Slye, w^** yo"^
Pet' did, & itt was marked w^ M' Gerards marke by the afores** M'
ffloyd in the p*nce of diuers of yo' Pet" Neighbo**. The afores** M'
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Provincial Court Proceedings, 1658. 159
Gerard further promising your Pet' to take in his Bill, then in the Ubo-
hands of Henry ffox, in consideraon of the fores** Tob. W^ hee hath ^- ^- **
noe wayes p«formed, Soe th* yo' Pet' still remaines ingaged to the s^
Hen : ffox w^ is likely to proue uery dammeagble to yo' Pet', in
respect of his great pouerty, & the afores** Bill remeyning soe long
unsatisfyed.
The premises considered yo' Pet' most humbly desyres th* yo'
hon'* will be pleased to constreine the s** M' Gerrard to secure yo' Pef
from the afores** debt by procuring him, & deliuering him his Bill,
w*** all charges belonging to the suite & yo' Pet' shall eu* pray &c :
Vppon the Pet" afores** the deft denyeth th* the hogshead doth
belong unto him.
Edward Turner aged 22 yeares, or thereabouts swome & exam-
ined, 30*^ of Septemb' 1658, Sayth That about January or ffebruary
was Tweluemonth M' John fflood came to the howse of Thomas
Dyniard, & did there demand a hogshead of Tob of Charles Maynard,
for the use of M' Thomas Gerard, by uertue of a note, th* M' Gerard
sent by the s** M' fflood to Charles Maynard wherein he desyred M'
fflood might haue a hogshead of Tob deliuered him by the s** Charles,
for the use of M' Gerard, ffurther this Depon* sa)rth that M' fflood
did receaue a hogshead of Tob uppon the account of M' Gerard att
that time of Charles Maynard : allso th* M' fflood marked the hogs-
head w*^ T. G. att the same time, & further sayth not
Jurat Cora' Rob* Slye.
Robert Thomas sayth uppon oath in open Court, th* M' ffloyd
brought a note from M' Gerard, to receaue of Charles Maynard a
hogshead of Tob, for M' Ger'ads use, W** he did receaue, & marke
w*** M' Gerards marke.
Thomas Dyniard deposed allso in open Court, Sayth That M' p. 117
ffloyd ueiwed a hogshead of Tob of Charles Maynard & opening the
hogshead sayd. The Tob is small, but I cannot find fault w*** it &
receaued it & marked it w*^ M' Gerards marke T. G.
The Court uppon the fores** Testimonies doth find That the hogs-
head in dispute was receaued by M' Gerards order. Weighing Two
hund** seauenty & fowre pownds neate, & thereuppon ordereth th*
the deft satisfy soe much unto the ptf, w*^ Costs of suite. Writt of
Exeq" according the order, fol. 217.
Respited till next Prouinciall Court. Stanley v.
Pott
To the hon^ the Gouemo* & Councell Gerard v.
Evans
The humble Pet" of Thomas Gerard, Humbly Sheweth Whereas
Cap* Will" Euans hath iniuriously taken yo' Pef* marke from him,
& the same hath recorded.
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i6o Protnncial Court Proceedings, 1658.
Liber May it therfore please this hon"* Court, to Order th* the marke
^- *^ may bee restored (hee the s** Cap* Euans neuer hauing had any
Cattle or hoggs of the s^ marke) againe to yo' Pet' w^ dammages &
charges of suite & hee shall pray &c :
The pif (besides what is alleaged in his Pet") sa)rth, That his
mark is of a long standing, allthough not heretofore recorded, & the
deft claymeth the marke, according to an Act of Assembly prouiding
in th* behalf e, & as first recorded by him.
The Gouemo' requesteth the Coimcell to deliuer their Judgm**
seuerally in this Cause.
Whereuppon M' Baker Brooks Sa)rth, That M*" Gerard not finding
any Bill of Sale of any of his cattle uppon Record, is to loose his
mark; & Cap* Euans recording the marke first, to haue the marke.
M' Nath : Vtye. That according to the Law & presidents of the
prouince the marke to belong to Cap* Euans.
Cap* John Price. Cap* Euans to keepe the marke according to Act
of Assembly.
Cap* Will"* Stone. That M'^ Gerard keepe his marke & stand to
the Censure of the Court for his neglect according to the Act
M' Secretary. The marke to be to Cap* Euans as the first marke
uppon Record.
Gouemo' concurreth w*^ the former opinion.
Vid. the Cap* Will"* Euans att the Gouemo** request doth assigne back his
mark. foL 25 marke, unto M*^ Thomas Gerard, W^ the s** Gerard enters for the
marke of the Lord of S* Qem** manno*.
Philip Cal- mark of Cattle. Philip Caluert Esq*^ Recordeth his mark &c : Viz.
^^*m^ The left eare Crop'd The Right eare ouerkeelU
Lord V. The deft being twice arrested, alleaging th* it is a Play debt only,
^tonc ^ *^ P*^ neuer appearing to prosequute. It is Ordered th* the dft bee
p. 118 from henceforth quitt from all accons concerning that suite & to
haue Court charges, & th* James Veitch bring in the Bill to the next
Court to be cancelled.
Gerard v. The pif demandeth Six hund* fifty one pownds of Tob uppon Bill
^^n^ ^ ^^ produced in Court. And it appearing to the Court, That the
Wittnesses are lyuing in Charles County, who can testify that the
Tob uppon this Bill, was payd to James Hare, as M^ Gerards At-
torney, for the s^ M^ Gerards use. It is thereuppon Ordered that this
Cause bee sent downe to the County Court, in Charles County, to be
there heard & determined.
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Provincial Court Proceedings, 1658. 161
The pif p' Attomat, John Metcalfe complayneth agst the deft, for Ubcr
th* the deft charged the ptf , w*** killing of one of his hoggs, W^ the K^^n^v.
deft denyeth, Bisco
marks Pheypo aged 58 yeares or thereabouts swome & examined
22^ of Septemb' 1658 Sayth That about Two yeares agoe hee being
att Rob* Smiths howse, John Bisco being allso there amongst other
company, he heard the s^ Bisco demand of Nicholas Ke)rtin (who
was allso there) why he killed his hogge, & logged it up ? Of whom
the s^ Keytin demanded, If hee could proue any such matter ? The s**
Bisco replyed againe, hee would proue it & further Sayth not
Jurat Cora' Will" Bretton
Will" Osberstone deposed in open Court sa)rth, That hee was p*nt
in the howse att the same time, & Of the Company there, some were
merry drinking & dancing & on a sodaine there was naming of hoggs
& loggs. But remembers not th* he heard Bisco say. That Keytin
killed his hog, But he heard Keytin call Bisco Theife, ffor th* hee
had stoUen his the sayd Keytins potthangers, as he alleaged then.
Rose Smith deposeth the same.
The Court find noe cause of accon, & therfore a Nonsuite is
graunted agst the ptf, on behalfe of the deft, w*** Court charges.
The ptf by Pet" complayneth agst the deft, for that the deft (the Gythcr v.
ptf being from home) carryed away the ptfs yowng Bull in company Osbcr«ton
of other cattle, whereby he susteyned much losse & dammage, both
in his breed, & milke.
M"^ John Metcalfe sayth uppon Oath th* the deft comming to
the ptfs howse, in company w*^ other Cattle, carryed away the ptfs
yowng Bull, w** Bull was neuer brought home to this day.
The deft alleageth th* carrying away certaine cattle, The Bull
runne after them, Neyther could he force him back.
The Court see noe Cause of accon, & therefore a Nonsuite is
Graimted in the s** suite agst the ptf on the behalfe of the Deft w***
Court charges.
To the hon"* the Gouemo* & Councell
The humble Pet" of Adam Staucley Sheweth p. 119
That M' Peter Sharpe about fine yeares since or thereabouts did sSrpc^ ^"
undertake to cure yo' Pet' of a lamenesse in one of yo' Pet" Legges,
w*^** was cutt w*** the limme of a Tree, And the s^ Sharpe did for three
dayes (after hee had soe undertaken to cure yo' Pet') use his
endeauo' w*** some dilligence to looke unto yo' Pet' But afterward the
s** Sharpe left yo' Pet' for the space of Ten dayes to yo' Pet" great
wrong. Hee t>eing forced to send for another Chyrurgeon on board
Cap* Potts, who comming & ueiwing the soare, made but slight of it,
II
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l62
Provincial Court Proceedings, 1658.
Libcr But searching it, fownd it to bee putrifyed, affirming th* the soare
^' C.R. jj2^^ beene much neglected, Yett hee did promise to heale yo' Pef w^
those meanes hee should leaue him, as should make him sownd for a
hogshead of Tob, To whom yo"^ Pef did passe his Bill for the s*
meanes. After this M"" Sharpe came to yo"" Pet' & engaged before
wittnes th* he would make him a sownd man, w*^ a month or fine
weeks, or haue nothing for his labo*. About a month or Two after
Cap* ffuller comming to M' Sharpens howse, where yo*^ Pet*^ lay,
tould M*^ Sharpe, th* he did use contrary meanes for the effecting of
the cure, prescribing him meanes, w*^** he should use. Whose aduice
M"^ Sharpe following did heale yo"^ Pet" wound. And sodenly after
M*^ Sharpe demanded one Thowsand pownds of Tob for the Cure.
Yo"" Petf^ uppon this promise did passe his Bill unto the s^ Sharpe
(Viz) That the s^ Sharpe should find yo"^ Pet' Bath's & Oyles. Yo'
Pet' not questioning in the least when he passed his Bill to the s**
Sharpe, but th* hee would haue restored yo' Pet' to the p*fect use of
his legge. But soe it is (may it please this hon"* Court, th* the s^
Sharpe after yo' Pet' had passed his Bill, did neglect, & cast of yo'
Pet', not any wayes endeuouring to helpe him, or performe his
promise uppon w*^** the Bill was passed. Through w** yo' Pet' was
enforced to take a tedious & chargeable ioumey to the Manados for
his Cure
yo' Pet' therfore humbly craueth th* the s^ Sharpe may make
good the Cure to yo' Pet', for w^'* yo' Pet' passed his Bill, & such
dammages as yo' Pet' shall make appeare hee hath susteyned, w^
costs of suite & yo' Pet' shall pray &c :
Vppon the Pet" afores^ The deft (per Attomat Richard Smith)
sayth That the Bill passed for one Thowsand six hund** ninety Three
pownds of Tob. was six hund^ & odd pownds for goods, & the Thow-
sand pownds was for dyett for Ten months in his howse, & nothing
att all is charged for the Cure.
Stephen Benson aged 32 yeares or thereabouts Sayth th* in the
yeare 1653, Adam Staueley being hurt w*** the limme of a Tree, sent
for M' Sharpe, who came and dressd' the s** Adam two or three
times, leaning him meanes for to dresse himself e, & the s** Sharpe
goeing to Patux* stayed there eight or Ten dayes, during w** time
the s** Staueley being in much paine & misery, M' Pott's ship com-
ming downe from Seaueme, desyred, th* the Surgeion thereof might
p. Z20 bee fetched from aboard, w^ this depon* & M' Parker did, yett w^
much adoe preueiling w*^ him, who comming ashoare might but slight
of the wound, but searching the same att the Patients importunity,
he sayd there had bene in the busines a great neglect, ffurther saying
th* if hee were to stay, hee would not question, but to cure it, & if hee
would giue him a hogshead of Tob, hee would giue him meanes th*
w*** his directions should w^ gods help cure him. Whereuppon the s^
Stauely passed his Bill, & the s** Chyrurgeon sent him meanes. Now
^
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Provincial Court Proceedings, 1658. 163
when M"" Sharpe came againe, & saw th* another had it in hand, hee Ubcr
was uery much troubled, & went to M' Parkers, & hee & M"^ Parkers ^- ^- ^
both coming to our howse, & being in discourse, the s^ Sharpe did
promise to make a cure of it, in a month or thereabouts, or he would
haue nothing for his labo"^, if hee would goe to his howse w*'' him.
Now the Patient was there from May till ffebruary or thereabouts, &
this Depon* fetched him away & comming out of the howse hee
heard M** Sharpe say, th* hee would gett him Oyles to ano5mt his
woimd w*** all, & when the Spring came hee would prouide him
Baths, to bath the same w*^, whereby hee might be fidly cured, &
further sayth not.
Sara Benson aged 28 yeares or thereabouts sayth That about May
was fowre yeares, Adam Stauely lyuing in the howse w*'* this Depon*,
being hurt w* a limme of a Tree did send for M"" Sharpe : who came
three or fowre times & dressed his woimd, & then the s^ Sharpe came
no more for eight or nine dayes after; but left meanes wherew*^ this
Depon* did seuerall time dresse the s* Staueleys legge. But for want
of searching it did suffer much. In the meane time the ship com-
ming downe, the s** Staueley desyred this Depon** husband, to goe &
fetch the Surgeon thereof ashoare, who came & dressed him twice, &
then left this Depon* meanes for to dresse him, Allso a note of direc-
tions how to use them, & how to make a bath, to bath it w***. Saying
th* hee did not doubt but to cure it. And att nine dayes end M"^ Sharpe
returning, & finding this Depon* bathing the wound, was uery angry,
th* hee had gott another Chyrurgeon. This Depon* answered th* shee
did nothing but according to direction of the surgeon of the ship,
Whereuppon M"" Sharpe went away uery much displeased. And this
Depon* further sayth th* shee did heare M" Parker say, th* if her
husband would giue her leaue, shee did not doubt but shee could
cure it, & allso th* shee heard M"^ Parker say, That M"" Sharp told him,
that if hee did not cure it, hee would haue nothing for his paynes.
Will" Kent maketh oath. That about fine yeares since, hee this
Depon* together w*^ Stephen Benson, being att the howse of M'
Peter Sharpe, to fetch away Adam Staueley he the s^ Peter Sharpe
sayd, Yo" may stay if yo" please. If yo" will not I will gett yo" some
Oyles for yo"^ knee, when ships come in, & when the Spring come on,
I will [give] yo" some baths allso therfore, or words to th* effect.
John Buridge sayth uppon oath. That being att the howse of M'
Peter Sharpe when Adam Staueley lay dangerously lame of his leg, p. 121
Cap* Will"* ffuller came thither, & the s'^ Staueley desyred him to see
his leg : & opening the same, the s** Cap* ffuller sayd. That the meanes
were not good nor safe, th* had bene applyed to it, & w*^ all he pre-
scribed imto M*" Sharpe, what meanes hee should use, if euer he
intended to make him a sownd man : & th* hee knew of noe other
meanes, soe safe for the cure, as th* w** he prescribed or words to
th* purpose.
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164 Provincial Court Proceedings, 1658.
Liber About the yeare 1654 in the month of Octob', I was wished by M'
P. C. R. pgtgj. Sharpe to looke on the wound of Adam Staueley, being then in
cure att M"^ Sharps howse, Where I fownd the applicaons not fitt, I
did aduise the Patient to make use of other meanes. Ri. Wells.
Sara the Wife of Sampson Waring aged 31 yeares or thereabouts
deposed, Sayth, That being att M"" Will" Parkers howse, shee en-
quyred of him uppon what account Adam Staueley went to M'
Sharps. His reply was th* M^ Sharpe intended to cure him in three
weeks, or a months time, or thereabouts, & make him as sownd a
man, as euer hee was in his life or else hee would haue nothing for
his pa3mes. Thus much shee heard M*" Parkers say, & further sayth
not
Cap* Sampson Waring sayth uppon oath That hee was p'nt when
Cap* ffuUer fownd fault w*^ M"^ Sharpe for applying contrary meanes
& medicins to the plf s leg, & told him, th* what hee applyed would not
only depriue him of his leg, but of his life allso, if he continued
that meanes still, flFurther th* hee knew noe other meanes to doe the ptf
good, but giptiaeu", & aduised M*^ Sharp for his owne creditt, & the
Patients good to use the same.
And M*^ Sharpe gaue this Depon* order to arrest the pif, about
Two yeares after. And this Depon* asking him for what ? M^ Sharp
replyed one Thowsand pownds of Tob was for his Cure of the ptf, &
six hundred & odde pownds was for goods, The Depos'" being
ueiwed & considered by the Court, It is ordered that the Bill of One
Thowsand six htmd** ninty three of Tob, One thowsand whereof is to
bee deducted for the plf, (the Cure not being perfected) & the
Remainder (Viz) six hund^ ninety three pownds to bee due to the
deft, from the ptf. And the deft to pay charges of suite.
n V. Elionar Martin complayneth agst George Willson, for th* the s^
llton Willson doth abuse her in her own howse.
Will" Lucas sayth uppon oath. That about three yeares agoe,
being att the Widdow Martins howse: George Willson & his Wife
were allso there, & uppon some occasion or other the s** Willson
knockd the Widdows head agst the howse side, & made it bleed.
Thomas Griffin sa)rth. That about three weekes agoe, being att the
. laa widdow Martins howse, George Willson & the Widdow falling out,
the s** Willson sayd th* shee cheated him of his wifes portion, & shee
sayd that hee was the ruine of her husband.
John Stephen sayth, That about three yeares agoe being drinking
of sack, Willson, & his Wife fell out ; & first hee kickd' his wife about
the howse, & afterwards knockd' the Widdows head agst the wall of
the howse.
Ordered this Cause bee sent downe to the County Court, in S*
Maries County to be there heard & determined.
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Provincial Court Proceedings, 1658. 165
Vppon the demand of the ptf , concerning a Steare, killed by the Ubcr
deft & belonging to the plf , The deft alleageth th* he sent to the pif , g^-^^
concerning the mark of the Steare, & if th* it did belong unto him, Udcson v.
to come & mak claime thereof, & hee would satisfy him therfore. stcawf"
Thomas Griffin swome sayth. That there was a Steare killed att
his Masters howse, w*^*' was not marked w^ his masters marke.
Respited till next Prouinciall Court.
The Court adiomed by the Gouemo' till aftemoone.
Thursday aftemoone All p*nt as afore (Except M' Nath : Vtye
The pif producing a Bill or Couen*, signed by the defts, for f owre Philip Land
hund** & fowrty pownds of Tob in cask, The deft alleageth, that hee sn^^^
is sued for the Bill, before th* Tob is cured or payable, & promised
the plf to pay him Two months agoe. It is Ordered th* both parties
bare their owne charges, & th* the deft pay the ptf fowre hund* &
fowrty pownds of Tob in cask, when the Tob is cured & payable.
Vppon the Pet" of the plf, alleaging th* hee was arrested in Charles Empson v.
County for debt, & being proued th* the Debt for w** the ptf was Marshall
arrested was not due (as by the s** Order in th* Court may appeare)
& likewise hee being prisoner from the 27*^ of July, untill the 20^
of August following he only demandeth of the deft satisfaction for
his trouble & charges of suite. The deft sa)rth, th* it was a mistake in
the SheriflFe, & allso th* hee agreed w*** the plfs mate, for the charge.
John Neuill aged 40 yeares or therabouts swome Sayth That
Thomas Baker & this Depon* walking in the s** Bakers plantaon. The
s^ Baker told this Depon* th* Will"* Marshall & he the s^ Baker had
agreed, & this was about Sunday was fortnight, & further this Depon*
remembers th* Thomas Baker sayd it was for a wrong action, &
further sayth not.
Will" Robinson aged 24 yeares or thereabouts swome Sa)rth, That
hee this Depon* about the first weeke in Septemb*" last, did heare
Thomas Baker say (as he the s^ Baker came from the last Court held
att Wicocomoco, in company w*** Will"* Empson & Will" Marshall) p. 123
that Will" Marshall profered them 40* Tob p' day for their Court
charges, & after a little consideraon they did agree, & it was to bee
sett on the backside of the Bill, & further this Depon* sayth not.
And it appearing by the fores** oathes th* there was an agreem*
made. It is Ordered th* the pif be nonsuited, not hauing any iust
cause of accon.
Vppon the demand of the plf, agst Cap* Will" Mitchell deft. It is Stone v.
ordered th* the Attatchm* be continued, & th* the plf send the deft M"^*»«'
word concerning the accounts specifyed in the Bill, & if the deft
appeare not att the next Prouinciall Court, uppon sufficient notice
gyutn, Then the Court to proceed to Judgm*
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i66 Provincial Court Proceedings, 1658.
Liber Where as there is an order of G>urt bearing date 16*^ flFebruary
Jacc^>s^ v" ^^57 ^^^ ^ Tifht of six hund* pownds of Tob & cask due from John
Cornelius Cornelius (as by the s^ Order appeareth) And that Cap* Henry Keine
& John Taylour should ueiw the worke & building of the s^ Jacobson
&c:
Ex^n Henry Keine aged 33 yeares or thereabouts sayth, That hee this
'""fol. ,^2 Depon*, & John Taylo"^ were ordered by the Court to apprayse a
howse w** Aaron Jacobson & Albert Jhonson built for John Cor-
nelius, Which howse he this Depon* & John Taylo*^ ualued att Six
hund^ pownds of Tob & cask, & further sayth not
It is ordered according to the appraysm' That John Cornelius pay
unto Aaron Jacobson Six hund^ pownds of Tob & cask.
Gerard v. Thomas Gerard Esq' complayneth agfst Richard Willan, and James
LUMkey Linsey, ffor th* they haue seated a Plantaon uppon Snow Hill manno^
Vid. fol. 204 w** the s^ Gerard layeth daime to.
foL 370 The defts alleage that they seated the same by order of their
Graunt, under his L^ Great Scale of this Prouince, It being forfeited
to his s** L^ according to an Act of Assembly &c :
M' Henry Coursey swome Sayth, That M' Hatton did giue this
Depon* a Paper for M"^ Thomas Gerard to signe if hee pleased, And
this Depon* asked M' Gerard whither hee would signe the same, or
not. To whom M*^ Gerard answered th* he would not, Then this
Depon* told him (as he remembreth) That M' Hatton did not care,
whither he signed the same, or not : Butt if hee did, hee would take
it, as a fauo', (or words to th* effect) & further sayth not
Respited till next Prouinciall Court, & th* All parties prouide
themselues for their allegadn, & defence.
To the hon"* the Gou* & Councell
Anderton v. The humble Pet" of John Anderton Sheweth
Bowling
That yo"^ Pef did the last yeare James Bowling to line w*" yo'
p. 124 Pef, that yeare, for the making of a Crop of Come & Tob. as
Ouerseer to your Pet" seruants. The s^ Bowling being by agreem*
to haue a share of the s^ Crop for his endeauo", att the finishing of
the same. Yo"" Pet"^ depending uppon the s** Bowlings honesty did
not take care for the binding of the s^ agreem* by writing obligatory,
But about June in that then yeare went home for England, Leaning
the s^ Crop, to the s^ Bowlings managing, & care, But hee the s**
Bowling after yo*^ Pet*^ was departed the Coimtry, about Noueml/
went downe for Virginia, Leaning all (but an inconsiderable part in
bulk of the s** Tob.) hanging, & the whole Crop of Come in a heape,
not husked : w%ut hyring any one to looke after the s** Crop of Tob.
& Come, whereby yo*" Pef hath bene exceedingly damnifyed, W^
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Provincial Court Proceedings, 1658. 167
dammages your Pef humbly referreth to yo' hon" arbitraon in Libcr
Equity, for reparadn w*^ cost of suite & yo*" Pet"^ shall pray &c : P. C. R.
Vnto the pifs Pet" the deft alleageth, That hee gathered fowrty
barrells of Come, att one place, & Sixty barrells att another place, &
hauing occasion to goe downe to Virginia, he left the care of the
Come & striking the Tob to Andrew Laremore, What Tob was
cured, hee struck before hee went downe. And the plf replyeth That
when the deft was in Virginia, he susteyned much dammage, both
in his Tob & Come, being heated during his absence.
John HoUinsworth sayth uppon oath th* there was (as hee sup-
poseth) about 100* of Tob, w^ lay up & downe on the sticks, some
whereof hee this Depon* made up in twist, & other Tob there was in
fowre seuerall Bulks : But what quantity there might bee, hee cannot
tell. All w*^ was naught But being proued th* the deft went downe
to Virginia, w^ leaue & lycence from the plfs mother in Law (as shee
her selfe adaiowledgeth in Court) The Judgm* of the Court is. That
they see noe Cause of accon, th* the plf can bring hereby agst the
deft.
Vppon the demand of the ptf for 1806* Tob. in cask, The deft Mrs. Jane
sayth th* he hath satisfyed to M' Hallows that debt. mk^ ""'
John Bogue declareth uppon Oath That that Bill passed to M"^ Pake*
flfehwick by the deft, was in consideraon of a Judgm* had agst the
deft, W*^*' Judgm* did belong to M' Hallowes.
Will" Yowng swome sayth, That the discharge produced by the
deft, is this Depon** owne writing. And th* hee receiued full satisfac-
tion from the deft, in consideradn of that Judgm* belonging to M*"
Hallowes.
It is Ordered the deft haue his Bills in w*** costs of suite.
Vppon the Pet" of the plf, concerning Two horses, (belonging to Mrs. Jane
the ptfs owne proper Estate) lent to the deft, W** s** horses were wS^^ ^*
through the defts carelessnes heated & killed, in pulling out Two Boranan
beifers, w^ were my red belonging to Cap* Comewalleys, whose ^' '^^
howsekeeper the deft att th* time was. The deft sayth, th* the first
day hee went in company w*** M' ffenwick himselfe And the plf not
being able to proue what is alleaged in her Pet" The deft is dismissed.
The Court adiomed by the Gouemo* till to morrow morning
ffriday 8^ of Octob' X658 Oct. 8
All present as yesterday. Seymour v.
Came Thomas Seymour, & assigneth that Order obteyned agst vid. the
M" Jane Eltonhead for Seauen hund** & twenty pownds of Tob att ^^^ ^®*-^
the last Prouinciall Court tmto Robert Kingsbury for the use of
Dauid fferreira. The Costs of suite being Sixty two pownds of Tob.
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i68 Provincial Court Proceedings, 1658.
Liber To the hon"* the Gou* & Councell
P C R«
Saltei- V. The humble Pef* of Thomas Sowth Sheweth.
Sowth
That whereas att a Court holden the 20*^ of July last, in & for
the Coimty of Kent, John Salter commenced suite agst yo"" Pef for a
certaine Plantaon called Beauer neck, W*^** Plantaon being of a ualue
w* in the Cognizance of th* Court, was iudged, to the s^ Demandant
agst yo' Pet% Whereuppon the s^ Demandant praying Cost of suite &
dammages to the ualue of 1 1006* Tob. The s^ Court proceeded to
Judge 5444* of Tob to the s^ Demand* for w*^** sunmie they haue
awarded Exequuon. Now soe it is, that the s^ Commis" intermed-
ling w*** a Cause to a valew not w*** in their Cognizance, Yo"" Pef
humbly conceaues the plea for dammages was held Coram non
Judice, & craues leaue to assigne that as an Error in JudgmS And
th* yo*^ Pet' as to the Costs & dammages may haue a rehearing & th*
his goods in Exequuon taken may bee to him restored, uppon security
to see them forth comming uppon the finall Determinaon of the
Cause betweene us depending & yo' Pef shall pray &c :
Whereuppon the Court considered the Error assigned, & order th*
the sayd damages be heard & determined the next Prouinciall Court
to be held att Patux*, & th* the SheriflFe see all the goods by him in
Vid. foL 214 Exequuon taken, to be restored to the s^ Thomas Sowth till a finall
Vid. foL 261 determinaon of the Cause by the s^ Court
This day Came Co* Nathaniel Vtye & acknowledged himselfe to
stand indebted to the L^ Proprietary in the summe of Ten Thowsand
pownds of good sownd Merchantable Tob. if Thomas Sowth shall
p. 126 not yeald up into the hands of the Sheriffe of Kent, all such goods, as
hee shall from the s^ SheriflFe receaue, by Vertue of the foregoeing
Order. In case Judgm* be gyucn agst him, uppon his Writt of
Error for the whole dammage demanded, or soe much as shall
satisfy the Judgm* by this Court to bee gyucn in case they find the
damages not soe great, as is alleaged
Giles Glover The pif (per Attomat George Thompson) complayneth agst the
V. Ric^d deft, flfor th* the deft sould unto the plf a Plantaon & Land But hath
not according to Couen* deliuered a Pattent of the s*^ Plantaon or
Land, Whereby his T)rtle to the same, is noe wayes assured. And it
appearing by the Couen* shewen in Court, that there was a bargaine
made betwixt the pif & the deft. But the Consideraon not cleared,
uppon w^ the s^ Bargaine be claymed, w** might perhaps bee by
way of illusion or fraud in ejrther party. It is therefore Ordered th*
this Cause bee sent downe to the County Court, in Charles County
(where both pHies were residing att the making of the s** Couen*)
to examine Wittnesses & heare the Case, & Report the State of the
same, to the next Prouinciall Court
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Provincial Court Proceedings, 1658. 169
The pii produceth a Bill, & an account of Thomas Greene Esq' Libcr
deceased, Whereby (as it appeareth) the s*^ Greene was indebted to ^'^^^r^
Maior Thomas Cely of Virginia Merch* in the summe of Two Thow- True v.
sand seauen hund** pownds of Tob, And desyreth that Henry Adams ^^^^
ffeoflFee in trust to the s*^ M*^ Greene may make answere thereto.
The deft demandeth of the plf, to shew by what power hee sueth.
Who thereuppon produced his Ire of Attorney, Vppon sight whereof
alleaging that he is as yett ignorant concerning th* debt, as allso the
other flfeoffee M*" James Langworth ; & motion th* this Cause be sent
downe to the County Court in Charles County, by w*^ time they may
ueiw the accounts of the s^ M' Greene, & the better informe them-
selues concerning the s** Claime, & be there heard & determined, W^
was graunted & Ordered accordingly.
Thomas Gerard Esq' & M' Henry Adams Came this day into Re Gills'
Court desyring to be admitted to proue the Will of Beniamin Gill ^^^^^
deceased who produce these their following Testimonies.
May 31*^ 1658
Jane Qearke aged fowrty six yeares or thereabouts sworne &
Examined Sayth, That M' Beniamin Gill deceased lay sick, att her
howse att Portoback about a month before hee dyed, And th* often
times in that month, shee heard him speake of making his will, &
that his desyre was th* M' Gerard & her sonne Adams should bee
his Executo", When hee drew neare his end hee desyred her to tell Not in
M' Gerard & her Sonne Adams his Executo", That they should ^^^^"^
dispose of his Estate, as hee had told her, & further sayth not. p. 127
Eode" die.
Mary Adams aged 21 yeares or thereabouts sworne & examined
Sayth That shee was p'nt att M' Gill's death, & that shee heard M*^
Gill a little before hee dyed appoynt M"^ Gerard & her husband his
Executo**, & further sa)rth not
Eod die.
Jane Cocksute aged 17 yeares sworne & examined Sayth, That
shee was present att M*" Gills sicknes & death, & That shee heard him
often say that M"" Gerard & her Brother Adams were his Exequuto**,
And further sayth not
Jurat, oes Cora" Robert Clearke.
May 31*^ 1658.
Jane Clearke aged fowrty six yeares or thereabouts sworne &
examined Sayth, That M^ Beniamin Gill late of this Prouince De-
ceased dyed att her howse att Portoback the 22^ of Nouemb^ in the
yeare 1655, And a little before his death, shee asked him if hee had a
Will & he tould her noe, nor euer made any in his life. But when hee
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170 Provincial Court Proceedings, 1658.
Liber lay sick att M"" Gerards, M"" Gerard & his Wife urged him to make
P. C R. ^ Will, But he made none, And the reason was, as the s^ Gill tould
this DeponS because they would haue him make Rob* Cole his heyre,
But he sayd hee would not, ffor the s** Cole did not deserue it att his
hands. And th* shee neuer did see any Will amongst his writings,
And further Sayth not.
Eod. die.
Mary Adams of this Prouince aged 21 yeares, or thereabouts
swome & Examined Sayth, Shee was att Portoback att her Mothers
howse att the time when M' Beniamin Gill dyed. That neyther then
nor before, shee neuer saw any written Will, & further sayth not.
Eod. die
Jane Cocksuite of this prouince aged 17 yeares or thereabouts
deposeth ide" quod her Sister Mary Adams ut supra.
Jurat Oes Cora" Rob* Clearke.
Robert Cole his Interrogatories proposed to M" Jane Qearke,
M" Mary Adams, M" Jane Cockshott, Concerning M"^ Beniamin
Gill his last Will & Testam*, w*^ their answers thereunto uppon Oath
& Examinaon
July 2&^ 1658.
ffirst Doe yo" remember att what time M"^ Beniamin Gill deceased
did speake concerning making his Will, or appownting Executo**.
2'y Can yo" testify th* Beniamin Gill, did of purpose call or
desyre any p*son or p*sons as wittnesses: or were to th* purpose
requyred by him to take notice of any words spoken by him to th*
purpose. When, Where & in whose p*nce, was any such by
the s^ Beniamin Gill,
p. 128 3'^ Was the s** Beniamin Gill perswaded to app05mt Exequuto**,
& such as hee did seeme unwilling to appoynt. Were any p^sons
hindred to come to him uppon his request to th* intent, or any to
committ his Will to writing.
4*^ Are any the Witnesses of his appoyntm* of Exequuto" soc
neare of kinne to the Exequuto", or Exequuto"", That they may
probably pHies to the s^ Exequuto" cause.
5^^ Were not some of the Witnesses or all of them to receiue
some benefitt, or Legacies, by such his nimcupative Will.
6'y Can yo" sweare th* the s^ Beniamin Gill, was of perfect mem-
ory, when hee made choice of the pretended Exequuto".
Jane Qearke aged 46 yeares or thereabouts, her answere to the
aboues^ Interrogatories uppon oath & Examina5n ut supra.
To the ffirst. That it was a little before hee dyed, hee spoke it
before this Deponent & her husband Cawsine, & her Daughter
Adams.
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Provincial Court Proceedings, 1658. 171
To the second. That hee called in this Depon** husband Nicholas Libcr
Cawsine, her selfe & Daughter Adams, & desyred Will"* Harper her ^- ^- ^
Sonne Adams his man to write his Will, And to th* intent, pen, inke,
& paper was brought. But the sayd Will™ Harper not knowing the
forme of a Will, desyred hee would deferre it, till his Master came
home. Vppon w** hee desyred us present (Viz) her husband, her
selfe, & Daughter Adams to take notice of his Verball Will.
To the third. That for the Exequuto" they were of his owne
choyce & motion not knowing any, th* p'swaded him to them. And
that hee desyred to speake w*^ M"" ffitzherbert, & M"" Gerard, but it
could not possibly bee effected.
To the ffowrth. That shee was Mother in Law to one whom hee
did appoynt his Exequuto"^ & that her Daughter Adams, who is a
wittnes, was then & is still Wife of One of the s^ Exequuto"
To the ffifth. That her Daughter who was a Wittnes had not
any Legacy left. But to her selfe & her husband was Legacies left
who were wittnesses.
To the Sixth. That to the best of her iudgm*, hee was in perfect
sence & memory, when hee made choyce of his Exequuto", & con-
tinued in the same, to his last breath.
Swome before mee the day & yeare aboue written Job Chandler.
Mary Adams aged 21 yeares or thereabouts her answere to the
f ores^ Interrogatories uppon Oath & Examinaon.
To the ffirst That the uery day of his death he nominated &
appoynted M"" Thomas Gerard & this Depon** husband to bee his
Exequuto".
To the Second. That a little before M*^ Gills departure this
Depon* lyuing then in her ffather in Law Cawsines howse, was called p. 129
into the roome, where hee dyed by her mother. And hee desyred all
there p*nt, w** were her ffather in Law her mother, & her selfe to take
notice that was his Will.
To the Third. That the first day M' Gill came to this Depon^
mothers howse, he nominated M' Thomas Gerard, & her husband
to bee his Exequuto", & did not att any time after heare him mention
any else, & to the best of her knowledge he was not perswaded to
make choyce of any Exequuto".
To the ffowrth. That shee was Wife to one of the Exequuto", &
that shee was a wittnes but noe Legatee.
To the ffifth That all but her selfe were.
That to the best of her knowledge he was, ffor he spoake senceably,
& knew us all there present.
Swome Eod die Coram me Job. Chandler.
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172 Provincial Court Proceedings, 1658.
Liber Jane Cockshott aged 17 yeares or thereabout her answere to the
P. C R. fores^ Interrogatories, uppon Oath & Examina5n.
To the flfirst That the first day M"" Gill came to this Depon**
mothers howse, being the time he there dyed, hee spake of making
his Will & th* hee did nominate M' Gerard & her Brother Adams to
bee his Exequuto" & th^ he desyred it seuerall times in his sicknes.
To the Second. That the same day M"" Gill dyed this Depon*
Sa)rth, Shee was w*** her sister Adams called into the roome by her
mother, where M' Gill was, her flfather in Law Cawsine being pres-
ent, Where M*^ Gill desyred them to take notice th* this was his Will,
And th* Will" Harper being called in to write his Will desyred to
bee excused not knowing the forme.
To the Third. That shee knows not That M"" Gill was p*swaded
by any to make choyce of his Exequuto", or th* hee was hindred of
any persons to come to him, That hee desyred.
To the flfowrth. That shee was sister in Law to One of the
Exequuto", but further knows not.
To the ffifth. That shee was not present, fully to heare M' Gills
Will, therfore knows nothing concerning Legacies, & th* shee doth
not remember any part of it (Except) That hee desyred all his
cattle should be brought to her mothers howse & there to remaine
for three yeares : & the nominating his Exequuto", w^ were those
aboue mentioned.
To the Sixth. That to the best of her Judgm* he was, for he was
sencible, & knew all that were there present
Swome Eod die Coram me
p, 130 The Depos"^ of M" Jane Qearke aged 46 yeares or thereabouts
Swome & examind this 16*** of August 1658.
Sa)rth, That Beniamin Gill deceased after nominating & appoynt-
ing his Exequuto" w** were M' Thomas Gerard, & this Depon**
sonne in Law Henry Adams, did dispose of his wordly goods as
followeth.
Imp* That one Thowsand pownds of Tob, or thereabout, w**
was in M' Thomas Gerard & M*^ Robert Slyes hands should be gyuen
to the Church to bee prayed for.
2^^ That hee gaue to this Depon* in consideradn of her paines &
charges all his moueable goods, Excepting his Chayres & Stooles &
Table, w^ were att Widdow Lewis her howse. The w** Chayres,
Stooles & Table, hee gaue to this Deponents Daughter Jane Cockshott
It. Hee gaue to this Depon** husband Nicholas Cawsine fine
hund^ pownds of Tob : & fiue hund^ pownds of Tob more to this
Depon*, And to this Depon** Daughter Jane Cockshott, & her sonne
Ignatius, & Nicholas Cawsine to each of them hee gaue fiue hund^
pownds of Tob.
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Provincial Court Proceedings, 1658. 173
It To this Depon** Sonne Ignatius Cawsine, he gaue his best Liber
suite of cloathes ^- ^' ^
It Hee did bequeath to his Cozen Robert Cole fiue hund** pownds
of Tob, and told this Depon* hee did it, that hee should not molest his
Exequuto"
It That all his Cattle should bee brought to this Depon** howse,
& there remaine for three yeares, & att the end thereof the encrease
should be sould, to help pay the Legacies, And the Principall stock
he gaue to this Depon*.
And if in case his sonne in Law M' James Neale, or any from him,
did not come, w*** in the tearme of Three yeares into Maryland, That
that Land belonging to him should bee disposed of by his Exequuto",
And after they had performed his Legacies, the Remainder he gaue
to his Exequuto", And w*** all desyred th* some what out of Charity
might be gyuen by his Exequuto" to such poore men as M' Greene,
what they should think good, & further sayth not.
Swome before me, the day and yeare aboue written Job Chandler.
The Depos" of Mary Adams aged 21 yeares or thereabout swome
& examined this 16^ of August 1658.
Sayth That Beniamin Gill deceased, when hee made his Will, did
giue One Thowsand pownds of Tob to the Church w*^** was in M*^
Gerards, & M"" Slyes hands, as hee supposed or more : But if it were
not, he desyred his Exequuto" should see it made good, Item hee
gaue to this Depon** flfather in Law Nicholas Cawsine fiue hund*^
pownds of Tob, & to this Depon** mother hee gaue fiue hund** pownds
of Tob, And to this Depon** sister Jane Cockshott, & to her Brothers
Ignatius & Nicholas Cawsines to each of them he gaue fiue hund*^
pownds of Tob, And th* if his sonne in Law M*^ James Neale, or any
of his Children did not come into Maryland w*^ in three yeares. That
then his Land & encrease of his cattle, should be sould by his Ex-
equuto" & further sayth not
Swome before me, the day & yeare aboue written Job. Chandler
Thomas Carpenter Swome in open Court Sayth, That hee was w*^ p. 131
M' Gill many times before hee dyed during his sicknes & putt him in
mind of making his Will, And M** Gill tould him, that hee had sent
for M' Gerard, & when M' Gerard came hee would make his Will,
And th* hee would make M' Gerard & M' Adams Exequuto", And
this Depon* goeing from him the day before hee dyed, hee desyred
him to speake to M' Slye for some comfortable things, for that hee
thought the worst to be past w*** him. And then he had made noe will,
as this Depon* knowes of. And further many times discoursing w*'*
the s^ M' Gill hee heard him say. That hee would giue Robert Cole
fiue hund*^ pownds of Tob. & further sayth not
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174 Provincial Court Proceedings, 1658.
Liber Robert Cole (per Attornat James Langworth) obiecteth, That the
P. C R. pc^ies (all of them) by whom M*^ Gerard & M' Adams intends to
proue a Will are interessed as Legatees.
The Judgm* of the Court is That there is not sufficient proof e made
of the sayd Will.
Alcwander The pii (per Attomat Will" Mills) complayneth agst the deft for
^^^^4 th* Ano 1657, ^he deft coming to the ptf & demanding the Leauy w**
Vdtch deft came imto 56* of Tob, the s^ deft sett the Broad arrow on a hogshead
of Tob of the plfs, depryuing him thereby of the use thereof, & w^**
hogshead of Tob. is now rotten.
Will" Ennis sa)rth uppon oath, That after the hogshead was soe
marked, the ptf promised the deft to repack that hogshead of Tob.
The deft likewise promising, to lett him haue goods for the ouerplus.
And the deft produced his account for Leauis & flfees, Three
hundred Thirty two pownds of Tob.
The Court see noe cause of suite.
M' Henry This Cause being uppon accounts &c: & intricate, A Jury is
"^'^ MTchffi empanelled.
Baysey deft Warr* to the Sheriffe to empanell a Jury of 12 men Ret forthw***
Sheriffe retumeth his writt & warned
fforeman
M' Robert Slye M' James Lindsey Thomas Letchworth
Cap* Willm Euans M' Richard Willan James Veitch
M' Henry Adams M' John Hatch Will" Dorington
Henry Keine Philip Land Hugh Stanley.
who retume their Verdict in writing (Viz)
Whereas the plf M"" Henry Coursey demandeth of Michael Baysey
deft, by specialty fower hund^ & sixteene pownds of Tob & cask, &
uppon a former Court Order due to the p*ticular Estate of the s* fii
Two hund*^ thirty nine pownds of Tob & cask, & one hund*^ pownds
(due uppon account) of Tob & cask, w** in all amounteth to Seauen
hund*^ & fifty fiue pownds of Tob & Cask, And the s^ defendant mak-
ing nothing thereof to appeare payd. Wee find for the pif seaue"
hund^ fifty fiue pownds of Tob. & Cask w*** cost The verdict
entred for the Judgm*
p. 132 To the hon"* the Gouemo* & Councdl
Ut^£ The humble Pet- of Jane Eltonhead Sheweth
^ ' f oL S That in Aprill att the last Prouinciall Court yo*^ Pef^ had an Order
'nf ri 2^ graunted agst her att the suite of M' Symon Ouerzee, Concerning
some cattle of the s^ Ouerzees w^ were strayed, & gott amongst yo'
Pet" cattle unknowne to yo' Pef. Yo' Pef being ill att th* time when
^
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Provincial Court Proceedings, 1658. 175
the s** Order was graunted; & not hauing any Attorney in Court, Liber,
Shee humbly prayes this hon*^ Court to take the premises in Con- ^- ^- ^
sideradn & yo' Pet' as in duty bownd shall pray &c :
John Hollinsworth aged 19 yeares or thereabouts Swome &
Examined this 7^ of Octob' 1658, Sayth in open Court.
That hee was Cowkeeper unto M" Eltonhead, & goeing into the
Marish one night, where his mistresses Cattle were, he saw amongst
them Two strange Cowes, the one of them hauing newly calued, &
the other had a calfe about a weeke old. And That that uery night
there fell a great Snow about Kneedeepe (as this Depon* thinketh)
And the next morning his M** sending for her owne Cattle home this
Dep* sa)rth that that Cow w** had calued the night before, had lost
her calfe. And that the other Cow th* had the Calfe *was swamped &
dyed together w*'* 3 other of his M" owne Cowes att the same time,
this Depon* being then uery sick, But what became of the calfe hee
knoweth not And for the other Cow shee neuer knew any calfe shee
had, saue only th* w** was lost in the snow & further sayth not.
James Bowling aged 22 yeares or thereabouts sayth, that M**
Eltonheads Cowkeeper came out of the Marish, where these two
strange Cowes were, & when he came home he related that of these
strange Cattle one was dead in the swamp, & he heard Sawnders
Laremore say the same, th*shee was dead in the swamp, & this Cow
appeared afterwards to be M*^ Symon Ouerzees, & further sayth not.
Alexander Laremore sayth That there once was Two Cowes & one
Calfe of M' Ouerzees amongst M" Eltonheads cattle. And M"
Eltdheads seruants dryuing their owne cattle home, the s** Two
Cowes followed the other cattle, euen to the howse, And That Cow
th* had the calfe dyed. But what became of the Calfe this Depon*
knoweth not, & for the other Cow hee neuer knew any encrease shee
had.
M' John Anderton Sayth uppon oath in Court That there was Two
Cowes & one Calfe amongst some cattle of M" Eltonheads, belonging
to M' Ouerzee, And the seruants fetching home their owne cattle
the s** Two Cowes & calfe followed the other cattle home to the
howse. And this Depon* Sa)rth th* that Cow th* had the Calfe was
swamped & dyed. But what became of the calfe hee knoweth not,
And as to the other Cow hee neuer knew any Calfe shee had.
This Cause is Respited till next Court th* M' Ouerze be p*nt in
Court.
To the hon"* the Gouemo* & Councell
The humble Pet" of Margarett Brent Sheweth
That Thomas White late deceased w*^ in this prouince, out of the Rc White's
tender loue & affection hee beare imto yo' Pet', intending if hee had E«***«
lyued, to haue marryed her, Did by his last Will giue unto yo' Pef ^' '^
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176 Provincial Court Proceedings, 1658.
Liber his whole Estate, w** he was possest of in his life time, as yo' Pef
P. C R. ^^ make appeare by seuerall depos*** proning the s^ Will.
Yo' Pet' therfore humbly craueth this hon"* Court would be
pleased to take into their Charitable Consideraon yo' Pet** condicon,
being a Seruant, And th* yo' Pet' being the lawf ull Exequutrix of the
s^ White & solely concemd' in the Estate, Vppon proofe of the Will,
order of Court may be possesd' of the s** Estate & yo' Pef shall
pray&c:
Samuel Packer aged 24 yeares or thereabouts Swome & examined
this 2^ day of Octob' 1658 Sayth.
That about the middle of Octob' last past, comming to Will™
Marshalls to worke, he f otmd there Thomas White deceased killing
a hogge & amongst other familiar discourse, hee told this Depon* th*
hee was crasye & desyred to eate some fresh prorke, saying I thinke
I shall haue noe great occasion to kill any more : & taking this Depon*
by the Sleeue sayd, the rest are Margaretts if I dye, & further sayth
not.
Jurat before me James Walker.
And Vppon this & other oathes produced, & formerly Recorded,
there could not bee proofe made of the will.
•
Gerard v. Vppon the Pet" of Thomas Gerard Esq' demanding One Thow-
— — sand pownds of Tob & Cask, By a Note produced w*** seuerall names
Ardi^Coun. ^i^t itt : imploying & sending downe him the s*^ M' Gerard as Burgesse
276] to S* Maries June 14*^ 1652.
It is Ordered th* the Pet* haue fine hund* pownds of Tob & cask.
To be equally payd him, by the Subscribers of the s^ note, & to be
gathered up by the Sheriffe together w*^ the Country Leauies.
WTiiim The plf departing the Court, & not putting his plea in, agst the
^Battin pH deft, Ordered th* the ptf be nonsuited and pay fine hund*^ pownds of
one daft Tob to the deft for his molestation and trouble, Writt Exeq"^ accord-
ing to this Order, Vid. fol. 217.
Hatton'a To the hon^'« the Gouemo* & Councell
Estate
The hum"* Pet" of Patrick flforrest Sheweth
That yo' Pet' & Cap* Rich : Banks being left Trustees or Ex-
equuto'* of the late Estate of M' Thomas & M" Margarett Hattons
both deceased, Haue by & w*'* the consent of the s** M'» Hatton's
Children bargayned & sould unto the wo** Philip Caluert Esq' the
p. 13^ howse & howses, as allso the Land late in the posses'* & occupaon of
the s^ M' Hatton, That is if in case this hon**^* Court shall thinke fitt
to allow thereof the s* M' Hatton in his Will, leaning the Legality
of the s* Saile, tmto the confirmaon or disallowing of this hon***"
Court.
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Provincial Court Proceedings, 1658. 177
Hee humbly reqirfsts th* yo" will passe yo' Censure thereuppon, & liber
th* it may bee entred uppon Record, And yo' Pet* shall euer pray &c : ^- ^- ^•
Vppon the f ores^ Pet"^ The Gou* requesteth the Coimcell then p*nt
in Court to declare, each, their Opinion in this Cause.
Co** John Price declareth That hee iudgeth it better for the behoofe
of the Children to sell it, then keepe it in their hands.
Cap* Will" Stone his Opinion is, That the Exequuto' hath done
well, if hee dispose of it.
M' Baker Brooke sayth. That he thinketh it the best way for the
benefitt of the Children, Yett hee doth not thinke it in the power of
the Court to order the Sale.
Gouemo' That it would bee for the Childrens best aduantage if it
were sould. But the Pef cannot make the Bwyer any assurance of
the Tytle to the Land.
Whereas Cornelius Johnson stands indebted unto Henry Thick- Thickpenny
penny, in Six hund^ & odde pownds of Tob. as is proued by the viJ^foL^ao
Oaths of Michael & Joane Baysey, And the deft being lawfully sum- &31
moned, & not appearing, but by his Attorney craning a Reference, J[*^^ ^^^* ^9
And whereas the s^ suite was respited the last Court, by reason of
the Defts absence in that Court, It is Ordered th* the Deft pay or
satisfy tmto the plf, Six himd^ & odde pownds of Tob & Cask, els
Exequuon, Writt. Exeq" &c: fol. 217.
Vpon the Pet" of the p*f , alleaging That being the Cheife or great- philip Land
est Cred* to the Estate of John Crabtree deceased, & entring his ^^^^
caueat agst the s^ Estate in M' Hattons Record in the time of the
last troubles, & since the surrender of the Gouerm* hath taken out
Lres of admistraon of the s^ Estate, Yett during the s^ troubles.
Will" Stephens by far the lesse Cred*, had Lres of Admistraon
Gratmted him, & hath disposed of the s^ Estate, according to the
same by Vertue of his Lres of admistradn the plf sues, & requesteth
the Court, that the s** Stephens giue his s^ Admistraon up, & account
to the pif for the same The Judgm* of the Court is, (There appearing
noe Cause of accon) That the plf be nonsuited, & pay Costs to the
deft.
The Pif sheweth by Pet", that the deft engaged himselfe to pay a EUionor
Debt unto the plf, w** one Rob* Nugent owed her, The deft sayth that ^^Nidi :
hee engaged not. Only in Case the s^ Nugent lyued w*** him, Hee Gwythcr
would secure soe much Tob, in his hands for the use of the pif,
yearely (his necessaries & cloathing being first prouided for) as hee
made it, till the Debt was satisfyed & payd. But the deft being kept p. 135
prisoner att Seaueme, the s** Nugent went away from him & dyed.
The Court see noe Cause of accon, & thereuppon the plf is non-
suited
*
12
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178 Provincial Court Proceedings, 1658.
Uher To the hon"* the Gouemo'' & Councell
P. C R.
ale V. Gills' The humble Pet" of James Langworth Attorney of Robert Cole
^^^« Humbly Sheweth
That whereas M' Beniamin Gill, late of this prouince Deceased,
hath formerly obteyned an Order for an Extent agst the Land of
M' James Neale in Consideraon of 16000* of Tob & Cask, or
thereabouts, being payd by the fores^ Gill, for the use of M' Neale
as will appeare uppon Record. His humble request is That yo'
hon" will graunt the Admistrato' the Bcnefitt of that Order Soe
th* he may bee in a Capacity of receauing the Tob due from the
s^ Neale, to the deceased or his heyres & he shall pray &c :
Referred to the next Prouinciall Court.
To the hon"* the Gou' & Councell &c :
Sltonhead v. The humble Pet" of Jane Eltonhead Sheweth
AnketiU
That yo' Pet" late husband Will"* Eltonhead Esq' being in the late
troubles sentenced to Death, by the p*ty then in opposition to his L^*
Vid. Gouerm* did some time before his death call unto John Anderton
depoi^^ri ^^*" * ^* ^"*^"* ^^ ^^^^ ^^ '^^* ^*^^ * TestamS Did say unto him
foL 137 the s^ Anderton, That he left all his Lands, w*** all his other goods &
Chatties to her disposing, for the good of her, & her Children, &
desyred her to allow unto Robert ffenwick & Richard ff enwick some
part of the Lands, according to her discretion, as by the Oath of the
8* Anderton uppon Record appeareth. Now soe it is th* yo' Pef in
her distressed Condicon, being desyrous to secure her selfe of the s**
Estate humbly prays. That this hon"* Court will according to Equity
Consider of the s** Nuncupatiue Will, & decree th* the s^ Lands, may
by the s* Will passe unto her, to be disposed of, according to the
directions therein conteyned, as well as the goods & Chatties w*^** by
the 8* Will are undoubtedly nested in her And yo' Pet' shall pray &c :
Whcreuppon the Court in Equity, Considered the strict impris-
onm*, wherein the s^ Will" Eltonhead was deteyned before his death,
& att the time of his making the s^ Will & the impossibility of
obteyning pen, inke or paper to make a formall Will, as in Law is
requyred for the passing of Lands by Testam* by reason of the
strieght & unlawfull imprisonm* of the Testato* And decree That
the 8* Jane Eltonhead shall possesse the s*^ Land, in as full, free, &
large Estate as if the s^ Will" had conceaued his Will in writing.
And declare that all the heyres att Law of the s^ Will", are for euer
barred all Claime to the s*^ Lands, as heyres to the s^ Will".
p. 136 CaluH County. Command Jane Eltonhead of Caluert County,
That shee hould plea to flFrancis Anketill of the s^ County, of a
parcell of Land, commoly called Anketills neck, Bownded w*'* Two
Creeks & the path, that leads from her the s^ Eltonheads howse unto
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Provincial Court Proceedings, 1658.
179
John Holfheads, now in the posses" of flfrancis Anketill afores^ Con : Liber
one hund* & Twenty acres more or lesse. ^- ^' ^
Josias ffendall.
And the ffinall Concord betweene the pHies afores*^ is, That the s^
Neck of Land, w*** all Edifices, gardens, orchards &c : shall bee to him
the s* ffrancis Anketill, his heyres & Assignes for euer, under the
yearely Rent of One Barrell of sownd Indian Come to be payd, att
the Natiuity of our Lx)rd, Prouided th* if att any time the s^ ff rancis
or his heyres, shall att any time desyre to sell the s^ neck of Land in
ffee, hee, or they, shall first make offer of the s** neck of Land to the
s^ Jane Eltonhead & her heyres
James Bowling aged 22 yeares or thereabouts Sa)rth, That M' Anderton v.
Anderton went twice himselfe to M' Henry Hoopers' to desyre him "^P^
to come & receaue & hogshead of Tob, & sent word att seuerall other
times to receaue his Tob, & M"" Hooper neglected to come soe long th*
the shipping was ready to goe out of the Country, M"" Anderton tooke
this Depon* & Will" Sinkler into the Tob howse, desyring us to looke
uppon th* hogshead & tell him, whither in Our Judgm** that Tob was
merch"* or not, And in Our Judgm** it was both sownd & merch"*.
And uppon th*, the s^ Anderton tenderd it downe for the use of M""
Hooper & desyred M' Sinkler & this Depon* to wittnes the same, &
further sayth not
Jurat Cora™ George Thompson.
These accons (Viz)
John Anderton X Henry Hooper.
Thomas Seymour X Stephen Gary
Marks Pheypo X Will"* Smoote
Respited till next Pro-
uinciall Court.
Postpone-
ments
Cap* Will" Stone demandeth of the Admistrato' or Exequutor of Stone v.
Will" Stephenson deceased 346* Tob & Cask. Stevenson
Co* nathaniel Vtye demandeth out of the Estate of Cornelius Utic v.
Abrahamson afores^ As the Attorney of M' Henry Meese 400^ ^^^iSate
Tob.
Patrick fforrest Exequuto' to M" Margarett Hatton demandeth Hatton's
of the s^ Abrahamson 155* Tob, due for flfees. Abraham-
son's Estate
Jacob Lumbrozo demandeth of Cornelius Abrahamson deceased Lumbrozov.
40(^ Tob (uppon Exequuon) besides other ffees due to the Qerks & ^^^State
Sheriffs.
James Bowling swome in open Court Sayth, That he heard Edw : p. 137
Hotckeys complaine th* hee was wronged, concerning his seruice, & p^*^P* ^'
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i
i8o Provincial Court Proceedings, 1658.
Libor comming in hither & Michael Baysey told him That if hee thought
^- ^' ^ hee could gett his f redome he had best goe to M' Preston ; & his
Gierke would draw him a Pet" to that intent & purpose. And ail-
though the s^ Hottskeys was putt to him, to doe him seruice, yett
hee would exspect noe seruice from him, till hee saw wither hee
could obteine his ff reedome or noe.
John Anderton deposed allso Sayth, That hee heard the Boy
complaine th* hee was wrongd, And heard Michiel Baysey teU the
Boy, That if hee thought hee could obteine his f reedome, hee would
not be his hinderance And (to the best of his knowledge) the s^
Baysey promised him to goe along w*** him to M"" Preston's
M"" Henry Coursey allso sayth, That (being the Gou" Attorney)
Edw : Hottskeys went out of the Custody of Michael Baysey, to the
howse of M" ffenwick (as this depon* heard) And being up t^ie
Riuer he heard th* M" flFenwick & M" Eltonhead were goeing ouer
to M' Michael Brooks, w*'* whom was this Boy goeing ouer to com-
plaine agst the Gouemo*, This Depon* writt a Lre, to lett M"" Brooks
know the Gouemo** t)rtle to the Boy in part. That hee should doe well
to haue him whipt, & sent to this Depon*, But hee thought not fitt
soe to doe. And uppon his Complaynt, a Warr* issued out, & this
Depon* arrested as Cap* ffendalls Attorney to answere the s^ Hots-
keys suite. The Depon* pleading the Act of the Boys dowbling his
time as a Runaway, And the Court att th* time refused him, Saying,
That hee had liberty to complaine w*** out being tearmed a Runaway
(or words to th* purpose)
^^*oSr ^^ Vppon motion of his L^* Attorney, whatt ffine shall passe uppon
refusing those who refuse to accept of their Commis"*, & serue their Country ?
commissions It is Judged & Ordered that they pay each of them seuerally soe
refusing one Thowsand pownds of Tob, And the account of the
same to be gyuen to the SheriflFe to be gathered together w^ the
Country Leauies.
And the Gouemo* appoynted the next Prouinciall Court to be
holden on Twesday the 14*'* day of Decemb' next
Re Elton- J t J
head's
Vid. fKs ^^^ ^^P^^" ^^ J^*^^ Anderton
Dcposn ^M ^^^^ Depon* aged 36 yeares or thereabouts swome & examined,
taken by Sayth, That about the 28*^ of March in the yeare 1655, att Seau-
aive?ES <^rne M' Will" Eltonhead called to him this DeponS & de^yred him
9th Aprill, to take notice, th* what he then sayd, as to the disposing of his
'Sd* Ub" Estate, Was & should stand for his Last will, Hee being a Prisoner,
1664 & not & not hauing the Benefitt of paper & inke : w*^** caused him to declare
found^on^the ^y ^^^d of mouth, to w^ this Depon* was a Wittnes as flfoUoweth.
befor th't Imp*. That hee left his Land & p^sonall Estate to his Wife, att her
Wm Brmon disposing & further did desyre his s** Wife ....
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Provincial Court Proceedings, 1658. 181
Jane Chambers aged 17 yeares or thereabouts Sayth, That the Liber
second day of May, Elizabeth Potter & this Depon* goeing to Good- ^; p'JntT
man Smiths howse there was a fidler, And th* when they were goeing p. 138
home againe, This fidler sayd hee would goe to Cap* Gwythers to
fetch a warr*, And he not knowing the way Goodman Smith desyred
tht s^ Elizabeth to shew him the path, as shee went along, W*^^ shec
did, & it being late, hee desyred to take up his habitaon that night att
her howse, w** shee consented unto, The next morning the s^ ffidler
desyred Henry Potter to goe w*** him to Martin Kirke to demand a
Runaway, And the s^ Henry Potter sayd, If I should putt yo" into
the s^ Kerks hands, for a Runaway, it would bee a pretty least. Doe
then sayd the ffidler. And the s** Potter asked him if there would come
any harme thereof, or noe, & the ffidler answered noe, saying th* if
Keirke should goe to pull him in, he should goe nigh to giue him a
dash in the Teeth, w** the s^ Henry Potter desyred him not to doe,
& further sayth not.
Jurat 7® Octob. cora G. Thompson.
Rose Smith aged 59 yeares or thereabouts Sayth that Will"
Thomas sayd in her hearing, That hee was sorry th* hee tooke the
Oath agst Potter, ffor it would undoe him, & th* M' Caluert should
say, hee would banish the s^ Potter out of the Country, The s*
Thomas asked M"" Caluert what hee would doe w*** Potters Children,
& M' Caluert should reply, They would doe aswell w*** him as w***
their Parents, & further Sa)rth not.
Jurat Eod die Cora G Thompson
John Bisco aged 49 yeares or thereabouts Sayth, That Will"*
Thomas did desyre Henry Potter to putt him into the Cunstables
hands for a Runaway, & th* the s^ Potter did desyre him to declare,
whither he thought it would be the occasion of any trouble, yea or
noe, & that the s^ Thomas sayd noe, & further Sayth not.
Jurat Eod die Cora G Thompson.
Will" Orsberston aged 33 yeares or thereabouts Sayth, That about Re Orley
16 yeares agoe this Depon* heard M' Leonard Caluert force 300
Acres of Land uppon Thomas Orley & Isaack Edwards: of w^
they would haue had but 50: but because they were seated in the
cheifest place, & he threatning them to tume them of tooke the
whole 300 Acres. This their agreem* was about Christmasse, & they
were to pay six barrells of Come, & Twelue Capons yearely, & M'
Caluert bownded them from the head of Langfords Creek to the
head of the Creek ioyning to the Plantaon, & this Depon* was a
Seru* att th* time to Tho: Orley, & the s^ Orley sould him to Tho:
Allen & half e tile Land, & M' Caluert comming downe, Tho : Butler
tould the s** M' Caluert That hee had but little good Land in his
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i82 Provincial Court Proceedings, 1658.
Libor Deuident, & desjrred M' Caluert to preuaile w*** Tho: Alien to lett
P. C R. (jjj^ jjj^yg ^ pgj^ q£ i^n^j y^ jyg^ before Nicholas Keytins doore
betweene the head of Langfords Creek & a Gutt, right agst Keytins
doore. And Tho : Allen att M' Caluerts request graunted therto, &
further sayth not
Jiuat Eod die Cora G. Thompson
Oct 9 Whereas there was a warr* issued agst Cuthbert Phelps, att the
Gaylord^ suite of James Gaylourd for 1506* Tob. & the writt being Returned
Phelf^ non est inuentus, & it appearing th* the s^ Phelps is resident att p*nt
in the County of Kent
Warr* inde to the Sheriffe of Kent County to arrest &c : Ret next
Prouindall Court to be holden att S* Leonards in the County of
Caluert 14th day of Decettil/ next.
^ Comims- Writt to wame flfrancis Anketill, John Ashcomb, Henry Hooper
Calvert Ca George Peake, Sampson Waring, Hugh Stanley Gent", to take the
oath of Commis", for Caluert County.
Oct 25 Samuel Palmer enters his mark for hoggs & Cattle (Viz) swal-
low forked on the Right eare, And Two notches on eyther side of the
Left eare opposite one to another
Cattle Mark
Nov. 3 Nicholas Morris demandeth warr* agst Gregory Murrell, in an
S^\ accon of Debt of 3000* Tob.
Warr* to the SheriflFe of Kent County to arrest &c: Ret next
Prouinciall Court, to bee holden in Caluert County 14*** of Decettil/
next, the first day of the Court
Land v. I Philip Land of S* Maries County, doe for my selfe, my heyres,
^^•" or assignes, acquitt, release, & discharge Job Chandler of Portoback
in the prouince of Maryland aboues^ of & from all debts, dues &
demands, of him, his heyres & assignes, from the beginning of the
world, to this p*nt day, as wittnes my hand this I2**» Octob' 1658.
Wittnes Tho : Maris. Plulip Land.
Assignment Know all men by these p*nts th* I Martin Keirk of the prouince
of Maryland Planf, doe for seuerall Causes me thereunto mouing
make ouer & conuey all my Estate both personall & reall, tmto my
louing Wife Mary Keirk, as wittnes my hand this loth of June 1657.
[Witnesses] Martin M K Keirk
Will" Coursey
Edward X West
Mark Cattle John Mac Cart recordeth his mark (Viz) Cropd both eares, w*^ a
hole, in or tmder both the Crops.
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Provincial Court Proceedings, 1658. 183
John Towng Recordeth his mark (Viz) The Right eare slitt ouer Liber
& under (in manner of a flower de Luce) The Left eare Cropt, w**" ^^.j^' ^^^^
a hole in the Crop.
Agnes Norman recordeth her mark (Viz) The left eare swallow p. 140
forked, The Right eare Cropd, W*^^ was the mark of her father John "*^ ^^
Norman.
Martin Kirk complayneth agst Gapt Nicholas Gwyther, in an Novembr 8*>»
action of trespase, ffor th* the s** Gwyther killed the Complayn*^ Cow, g^^;^
about 2 yeares since, not hauing allowed or gyuen him satisfaction
therfore.
By the Leiuten* of Maryland SJS^?^
ProdamaOn g^^„
Nouemb' 12^ Whereas I had appoynted to hold a Prouinciall
Court, uppon Twesday the 14*'' of Decemb' next. In order to w**,
Writts & processe may haue issued, The holding of th* Court att th*
time being likely to proue inconuenient, These are to giue notice that
I haue adiomed the s^ Court till the nineteenth of January next. And
th* all writts, & processe issued for th* Court intended to bee held, on
the 14*^ of Decemb' shall bee Returnable on the s* 19^ of January.
Gyuen under my hand this 12*** day of Nouemb' 1658.
Josias ffendall.
John Little demandeth war* agst Aaron Jacobson, in an accon of Novemb'
Case '7*^
^^^^^- Little V.
Warr* to the SheriflFe of Caluert County to arrest &c : Ret next Jacobson
Prou. Court to bee holden 19*** Jan : next.
Aaron Jacobson demandeth warr* agst John Little Accon sup. Jac»bson v.
Case. ^^^
Warr* to the Sheriffe of Caluert County to arrest & Ret next
Prouinciall Court, ut supra.
John Grammer demandeth warr* agst Will" Bramwall, in an Grammer v.
accon of Case. Bramwall
Warr* to the Sheriffe of Caluert County to arrest &c : Ret next
Prouinciall Court ut supra.
John Grammer demands warr* agst Will" Bramwall in an accdn Grammer v.
of Slaunder. Bramwall
Warr' to the Sheriffe of Caluert Coimty to arrest &c : Ret next
Prouinciall Court ut supra.
Sub pen. to the Sheriffe to wame Richard Smith & Giles Sadler
to testify (506* Tob each) in ditta caa.
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184 Provincial Court Proceedings, 1658.
Liber Job Chandler Esq' demandeth warr* agst John Cornelius, in an
ChJd^^acconofCase.
ComeKus Warr* to the Sheriflfe of CaluH &c : Ret ut supra.
p. 141 Sub pcen. Edward Good ( 50^ Tob) to testify in a Cause depend-
v*^^ ing betwixt Will" Hampstead & M' Symon Ouerzee (p Hamp-
stead).
Stanley v. Sub poena Will" Howes (sorf Tob) to testify inter M' Hugh
^^" Stanley & John Pott (p Stanley).
Allen V. Will" Allen (p' Attomat Thomas Mathews) demandeth warr*
Fenwidc ^^^ |^r» jj^^^ flfenwick in an accon of Debt of 340^ Tob.
Warr* to the SheriflFe of Caluert Coimty to arrest &c: Ret. next
Prouindall Court ut Supra.
Lumbrozo v. Jacob Lumbrozo demandeth warr* agst M"" Michael Brooks in an
^"•^^ accon of Debt
Writt to the Sheriffe CaluH &c : Ret ut Supra.
Lumbrozo v. Jacob Lumbrozo demandeth warr* agst Will" Chaplin Accon
^^P^ Case.
warr* to the SheriflFe Calu^t &c : Ret ut supra.
Madcey v. Robert Mackey demandeth warr* agst Henry Osborne, Accon
^'^™^ Case. Warr* to the Sheriffe of Caluert County to arrest &c : Ret 2^
day of the next Prouindall Court.
Subpen. Thomas Robinson (500* Tob) to testify in ditta caa.
Read v. George Reade demandeth warr* agst Will" Euans, Accon of Case.
Evans ^f^^^[^t xo the Sheriffe of Caluert County to arrest &c : Ret 2d day
of the Court ut supra.
Subpoen. James Veitch, & John Knap to testify in ditta Caa
(500* Tob each)
Brooks, M' Michael Brooke admistrato' of the Estate of Cap' John Smith
Admim^^^ deceased demandeth warr* agst James Veitch.
Warr* to Sheriffe CaluH &c : Ret 2^ day ut Supra.
Prator v. Jonathan Prator demandeth warr* agst Cornelius Kennede, Accon
Kennedy q^
Warr* to the Sheriffe Calu*t &c : Ret 2*^ day ut supra.
Subpoen : John Morison, & Dauid Tod to testify in ditta Causa,
(500* Tob) each.
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Provincial Court Proceedings, 1658. 185
Nathaniel Vtye (p' Attomat, Rich: CoUett) demandeth warr* Liber
agst Peter Sharpe in an accdn of Case. Utycv^
Warr* to the Sheriffe Caluert &c : Ret 2^ day ut supra. Sharpe
Sub pen. Will" Yorke, & Samuel Keister (50^ Tob each) to
testify in ditta caa.
Henry Pamell (p' Attomat Edward Packer) demandeth warr* Parndl v.
agst John Cornelius, & John Weynold, in an accon of Deb*. We^Sd* *
Warr* to the Sheriffe of Caluert County to arrest &c : Ret.
Writt of Scire facias to the Sheriffe of Anarundell County agst p. 143
Walter Smith, att the suite of Will« Bretton, for 31& Tob. & Cask fm^hh" ""*
for Qerks ffees, Ret next Prouindall Court &c : Vid. f oL ao6
Raph Crouch demandeth warr* agst M" Jane ffenwick in an Croudiv.
accdn of Case, to the value of 2000' Tob. Concerning a horse. Fcnwick
Warr* to the Sheriffe of Caluert County to arrest &c : Ret next
Prouindall Court, 2^ day ut supra.
Sub poen. M' Thomas Stone, Bamably Jackson, Richard Stone,
M' Tho : Mathews, M" Hester Mathews, Thomas Hawker & Bryant
& Tho : Courtney to testify in ditt caa, 500* Tob each Ret. ut supra.
Writt Sub poen. to the Sheriffe of S* Maries County to wame M' Re Cole
John Metcalfe to dedare & testify, concerning the Rent of M' Neales
Plantadn & the Order for the Extent ddiuered tmto him, att M""
Rob* Coles request, 500* Tob. Ret next Prouindall Court ut Supra.
Mary the Wife of Daniel Qocker recordeth the mark of her sonne Noucmbr
Thomas Courtney (Viz) Slitt w*^ two slitts in both eares alike, & g*^j^ ^
the undermost tip of both eares cutt of. And all the femal Cattle soe
marked belong to the s^ Thomas Courtney, Being the Encrease of a
Cow, w** the s^ Mary recouered of ffrancis Gray, in leiw of a Cow
of hers killed in time of the plimder by the s^ Gray, & att the killing
thereof assimied to be payd for by him, W^ Cow soe killed as af ores*^
was gjruen afore by the s* Mary, to her Sonne Thomas Courtney
during her Widowhood : Shee being then the Relict of James Court-
ney Deceased.
Vincent Attkison recordeth his marke (Viz) Cropd' on the Right Decembr i©
eare & slitt in the Crop, The Left eare swallow tayld, or forked. ™*r^ Cattle
Will" Kennede recordeth his mark (Viz) Cropd on the Right eare mark Cattle
& slitt on the Left care.
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i86 Provincial Court Proceedings, 1658.
Liber Att a Prouinciall Court held att S* Qements Manno* on Wednes-
^' ^1*6^8 ^^y P^ Decembris 1658.
Dec. I
Josias ff endall Esq' Gou*.
Philip Caluert Esq' Seer.
Thomas Gerard
Co» John Price
Assist*
Thomas Comewalleys Esq'
Attorney Was called before the Board Naughnongis charged w*** the fellon-
^Naugh- ^^^ taking away of One shirt, fowle but neuer washed halfe a
nongis Matchcoate, a new payre of Irish stockins, & breaking the Locke of
Edmund Phillpotts doare.
Naughnongis pleads not guilty.
The euidence being Examined, & fownd not pregnant agst the
Prisoner. Proclamaon was made That the Prisoner att the Barre
p. 143 stood uppon his Justificaon. And th* any one that could give euidence
should come and giue euidence for the L^ Proprietary.
None appearing. It was considered by the Board That notw***-
standing the euidence was not pregnant. Yett his owne confession
euidenced to the Board That hee was Gwilty of the fact, Therefore
Ordered that the s^ naughnongis be sold, And that out of the price
the Country & Edmund Phillpott be satisfyed : The one for their
Charge, The other for the goods Stolne, And th* the Indian be
secured in the Sheriffs Custody.
Corne- The plf preferd' in, his Bill of Complaynt in Chancery (Viz).
ollSdlw To the hon"* Cap* Josias ffendall Leiut Gen» of Maryland &
and Overzec Chancelo* there, w*** the Councell of State.
The humble Complaynt in Chancery of Thomas Cornwalleys of
the Crosse in Maryland, agst Job Chandler & Symon Ouerzee of the
same prouince Gent". Sheweth
That whereas Co** ffrancis Yardley of Virginia came into this
Prouince & tooke up a great Tract of Land att Portoback, whereon
he seated diuers Negro's to plant: Pretending shortley after to
transport himself e & family into this prouince, Vppon the credit of
w«*» Estate yo' Pet' dealt w*** him, & one Nathaniel Batt for Two
Indian Slaues for a valuable consideraon in hand payd, to be de-
liuered to yo' Pet' in Aprill or May 1654, under the penalty of 5000*
weight of Tob : as by the Obligaon under the hands & Scales of the s**
parties doth & may appeare. In exspectaon of whose performance
yo' Pet' sent att the day appoynted a Boate & Three men as far as
James Riuer to receiue the s^ Indians, to his dammage of att least
1000* of Tob, But receiued none, nor since any satisfaction for the
debt or dammage. Now soe it is That shortley after yo' Pet' hauing
occasion to goe for England, Left order w*** his Attorney for Attatch-
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Provincial Court Proceedings, 1658. 187
ing the Estate of the s** Yardley in this prouince, he being not here, Liber
for satisfaction of the s** Debt & Dammage, W^ Attatchm^ was ^- ^- ^
graunted by Cap* Will"* Stone then Gouemo* of this prouince, But
before it was serued the Sheriffe by the instigaon & procurem* of
Job Chandler, then One of the Councell & of neare rdaon to the s**
Yardley, was expresly Ordered not to take the s** Estate into his
Custody, as hee was authorized by the Attatchm*, But to depose it, att
the howse of the s** Job Chandler w^ hee accordingly did. After w**
immediately succeeded the change of Gouerm*, by the unhappy de-
feate of the s** Cap* Stone, & his Company att Annarundell, During
w** my Attorney fearing the exsportaon of the s^ negro's, w^ was
then all the uisible Estate of the s** Yardley w*** in this prouince, who
was then allso Deceased in Virginia, Tooke out a new Attatchm*
from th* power : w** was allso Exequuted by the Sheriffe, but not
taken into his posses", as it ought. But by the perswasion & pro-
curem* of the s^ Job Chandler againe deposited w*** him, uppon an p. 144
Obligaon from him & One Goulding to be responsable for the s*
Negros, untill yo*^ Pet* were satisfyed or further proceedings att
Law determined the business, w*** w** Obligaon the Sheriffe ac-
quainted my Attorney, telling him he might proceed att his leisure,
for the Estate was secured in M' Chandlers hands till further pro-
ceedings att Law determined it. Who thereuppon lett it rest, ex-
specting my retume into this prouince, or that the Gouerment should
againe reuert to itts lawf ull authority. Before w^** hapned, the Wid-
dow of the s** Yardley & mother in Law to the s^ Chandler & Ouerzee,
hearing of my arryuall in Verginia, where I had occasion to stay
some time before I came into this prouince, hyres or borrows a
Sloope & men of the s** Ouerzee to export the s** Estate out of this
prouince. Who knowing the s** Estate to be attatched, & bayled &
indebted to yo*^ Pet' as afores**, w%ut any lawfull clearing or
appearance in the suite, notw***standing was ayding & assisting to the
exportaon of the s** Estate out of this prouince, iust att the arryuall
of yo' Pet', before hee had any notice of it, whereby to haue
hindred the same, W*** otherwise had remayned untill yo' Pet' could
haue taken some course for his redresse : Of w*^** hee is now allto-
gether destitute, unlesse he bee releiued in Equity, as hee humbly
conceaues hee ought agst the s^ Chandler & Ouerzee. The One
hauing protected the s** Estate contrary to the Legall Course of
Attatchm**, & after deliuered it up, & permitted it to bee exported,
notw***standing his Obligaon in the hands of the Sheriffe, to the
Contrary as afores**, And the other for being knowingly ayding &
assisting by his Sloope & man to the exportadn of the same, & uictual-
ling them att his owne howse, when they were goeing out of the
prouince. As allso in Consideraon that the s** Partyes are since en-
riched, by the s** Estate, & haue receiued part thereof, in kind back
into this prouince by gwift from the Widdow of the s^ Yarley, W**
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i88 Provincial Court Proceedings, 1658.
Libcr yo"^ Pef^ humbly conceaues in Equity still liable to the AttatchmS
P. C R. granted by Cap* Stone, all Justice being impeded from th* time, untill
yo"^ Pef proceeded agst Job Chandler for the s** Estate, In tender
Consideraon of all w*^^ premises yo*^ Pef humbly prayeth That the s**
parties may according to the usuall Cours in Chancery putt in their
answere uppon Oath, & declare why the s^ Estate was soe protected as
afores**, & after w*^ out any notice gyuen to your Pet', or his
Attorney, or any Legall proceeding for recalling of the obligaSn
past as afores^ for securing the s^ Estate, Deliuered up & p*mitted
to be exported. And uppon what tearmes, or security the same was
done & permitted. As allso who hyred or borrowed the s** Sloope
for the exportaon. And if hyred whither by the month or the
Voyage, And what men were in her to sayle her, how called, & how
& by whom payed & uictualed. What was the hyre of the Sloope,
where & by whom payd, & in what Comodity? By w^ yo' Pet*
p. 145 doubts not but yo" will find sufficient cause to relieue him, And th*
untill this suite be determined, the Sheriffe may be Ordered to take
into his posses" the negroes, th* were formerly part of the Estate
attatched, now in the posses'* of the s^ Chandler & Ouerzee: or they
Ordered to be responsable for them when the s** suite is ended.
And yo* Pet* shall pray &c :
Thomas Comwalleys.
Ordered That the defendants putt in their answere uppon oath,
att the next Prouinciall Court
Barton v. Command Thomas Gerrard Esq*^ & Susan his Wife to hould plea,
^^^ to William Barton ; of Barton Hall Mariner in an accon of Couen*
to him the s^ WilP Bartin of Three hund^ Acres of Land, one
dwelling howse One Orchard, Two Tobaccho howses Lying or being
in the Manno* of S* Clem** in the County of S* Maries, according to
a Couen* or Deed of Bargaine & Sale from the s^ Thomas Gerard,
to the s* Will" Barton Bearing date the Twentieth day of Septemb'
Ano Dni 1658, and is as followeth. Josias ffendall.
This Indenture made the Twentieth day of Septemb*^ in the yeare
of Our Lord God One Thowsand six hund** fifty & Eight, Betweene
Thomas Gerard of S* Clem** manno' Esq*^ of the one part. And Will"
Barton of Barton Hall Mariner of the other part, Wittnesseth That
the sayd Thomas Gerard hath for a ualuable Consideraon Bargayned
& sold, And by these p*nts doth bargaine & sell unto the s^ Will"
Barton One neck & parcell of Land Bownded w*** a marked white
Oake, Standing from the head of the back Creek of Canow neck One
hund^ & Sixteene perches running East to the head of the s^ Creek
of Canow neck by the neck East Sowth East into S* Qem** Bay for
the length of One hund** & Twenty perches or thereabouts And on
the East w*** the s^ Bay of S* Clem** for the length of One hund^ &
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Provincial Court Proceedings, 1658. 189
threescore perches or thereabouts to the mouth of a Creek called Liber
Bartins Creek On the north of a marke Gumme standing neare the ^- ^- ^
path of a Swamp side for the length of One hund** perches or
thereabouts & from the Gumme running West one hund** and sixteene
perches to a marked White Oake On the West w*** a lyne Sowth
Sowth west from the one marked white Oake One hund** & thirty
perches to the other marked white Oake on the Sowth Conteyning
by Estimaon Three hund^ Acres Bee it more or lesse, Lying & being
in the prouince of Maryland w^ free ingfresse egfresse & regresse for
hoggs & Cattle And likewise the liberty of hunting hawking fishing
& fowling As allsoe to fall trees & carry away timber for building
uppon the s** neck. (The Islands & wild hoggs excepted) But in case
the Will" Barton his heyres or Assignes doe kill or take aliue any
wild hoggs uppon the s** mannor to one halfe soe killed or taken
aliue to restore to the Lord of the manno* To haue & to hold the s**
Three hund Acres of Land w*** all perquisitts profitts & hereditam** p. 146
(except before excepted) unto him the s^ Will" Barton his heyres &
assignes, from the day of the date hereof for euer. Yeilding &
paying therefore yearely & euery yeare unto the s^ Thomas Gerard
his heyres or assignes Three barrells of good sownd Indian Come,
or thirty shillings sterling or three hund** pownds of good sownd
merchantable Tobaccho & Two fatt Capons or henns, att the ffeast
of the Natiuity of our Blessed Sauiour, or forty dayes before or
after att the manno*^ howse of S* Clements afores**. And there to
appeare uppon summons to doe homage & Seruice att all Court
Leets & Court Barons that may or shall bee holden uppon the s**
mannor according to the usuall Custome of England or the Law of
this prouince, Prouided th* the s^ Will" Barton his heyres or assignes
shall not lett sett or sell the premises or any part thereof to more or
any more Seates then one for the settlem* of any more families then
one there w*^ out the consent of the s** Thomas Gerard his heyres or
assignes. And the s** Thomas Gerard shall warrant & defend the
premises from all Qaymes & t3rtles to be made by himselfe his heyres
exequuto" Admistrato" or assignes In wittnes whereof the partyes
first aboue named to these p^t Indentures interchangeably haue
sett their hands & Scales Dated the day & yeare first aboue written
Sealed & deliuered in Thomas Gerard
the p^nce of Se + ale
Edward Packer
Tho : Williamson
And the fynall agreem* betweene the s^ parties is, That the s^
300 Acres of Land mentioned in this s** Deed, w*** one dwelling
howse, One Orchard & Two Tobaccho howses scituate & being in
S* Clem** manno* in the County of S* Maries afores** be conueyed to
the s** Will" Barton & to enioy the same to him his heyres & assignes
for euer.
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IQO Provincial Court Proceedings, 1658.
Liber M"^ Symon Ouerzee made his appearance, And the Gou* ap-
Attorn^ poynted the s** M' Ouerzee to appeare againe to morrow morning
General v. The Court adiomed by the Gou* till ten o'Qodc to morrow
Ovcrzce morning
Thursday 2* Decembris
P*nt as Yesterday.
Dec 3 M"^ Will" Barton informes the Court agst M' Symon Ouerzee, for
Q^^^Jj*^ that the sfi Ouerzee correcting his n^^o seruant the s** n^fro dyed
Overree under his sfl Correction
The Examinaon of Hannah Littleworth aged 27 yeares or there-
abouts taken the 27^ of Nouemb' 1658, before Philip Caluert Esq^
This Examin* sayth That somtime (as shee conceiues) in Sep-
temb' was two yeares, M' Ouerzee commanded a n^^o (commonly
p. 147 called Tony) formerly chayned up for some misdeameno'* by the
command of m" Ouerzee (m*^ Ouerzee himselfe being then abroad)
to be lett loose, & ordered him to goe to worke, But instead of goeing
to worke the s** negro layd himselfe downe & would not stirre,
Whereuppon m' Ouerzee beate him w^ some Peare Tree wands or
twiggs to the bignes of a mans finger att the biggest end, w*** hee
held in his hand, And uppon the stubbemes of the negro caused his
Dublett to bee taken of, and whipd* him uppon his bare back, And the
n^^o still remayned in his stubbemes & feyned himselfe in fitts, as
hee used att former times to doe, Whereuppon M*" Ouerzee com-
manded this Exam* to heate a fyre shouel, & bring him some Lard,
which shee did, And sayth that the s** fyre shouel was hott enough to
melt the Lard, but not soe hott as to blister any one, & th* it did not
blister the negro, on whom M' Ouerzee powrd' it Immediately
thereuppon the negro rose up,* & M*^ Ouerzee commanded him to be
tyed to a Ladder standing on the f oreside of the dwelling howse, w**
was accordingly done by an Indian Slaue, who tyed him by the
wrists, w*** a peice of a dryed hide, And (as shee remembers but
cannot iustly say) That hee did stand uppon the grownd. And still
the n^^o remayned mute or stubbome, & made noe signes of con-
forming himselfe to his Masters will or command. And about a
quarter of an howre after, or lesse, M' Ouerzee & M'* Ouerzee went
from home, & doth not know of any Order M*^ Ouerzee gaue con-
cerning the s^ negro. And th* while M"^ Ouerzee beate the negro &
powred the Lard on him, there was nobody by, saue only M' Mathew
Stone, & M" Ouerzee now deceased. And th* from the time of M"^
Ouerzees & his Wifes goeing from home, till the negro was dead,
there was nobody about the howse but only the s^ M' Mathew
Stone, Will" Hewes, & this Exam*, & a n^^o woman in the quarter-
ing howse, who neuer stird' out And th* after M"^ Ouerzee was gone,
uppon the relaon of M' Mathew Stone, in the presence of Will™
Hewes th* the negro was dying, this Examin* desyred M*^ Mathew
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Provincial Court Proceedings, 1658. 191
Stone to cutt the negro downe, & hee refused to doe it, Will" Hewes Liber
allso bidding him lett him alone & w*^ in lesse then halfe a howre ^' ^' ^
after the negro dyed, the wind comming up att northwest soone after
hee was soe tyed up, And hee was tyed up betweene three & fowre
o'Qock in the aftemoone, & dyed about six or seauen, & was kept
till next morning before he was buried.
Vppon the reading this Examinaon (Hannah Littleworth being
present in Court) When shee came to that p*ticular Concerning the
tying of the negro up by the wrists (Viz) Whither hee stood uppon
the grownd Yea or Noe? Shee declareth That now shee uery well
remembers That hee stood uppon the grownd.
Will™ Hewes swome in open Court Sayth That hee was p*nt, att p, 148
the time when M' Ouerzee beate his negro, w*** the Twiggs, And th*
hee saw him beate the negro, & saw him allso powre Lard uppon him,
& that as hee conceaues & remembers, he saw noe blood drawne of
the negro. And this Deponent being willing to help the negro from
the grownd, M*^ Ouerzee hauing his knife in his hand, cutting the
twiggs, threatned him to runne his knife in him (or words to that
effect) if he molested him. And that the negro (as he thinks, but
cannot iustly say) stood uppon the grownd, And sayth further That
the negro did commonly use to runne away, & absent himselfe from
his M*^ Ouerzees seruice.
The Gouemo' requests the Councell, then p*nt, to declare their
Opinions, whither it was in the power of the Court to iudge this
busines now. Yea or noe? M' Ouerzee humbly requesting the Court
to end it, & th* he may be acquitted, And uppon consideraon th* M*"
Mathew Stone was allso p^t as is declared whose Examinaon is not
yett taken, may euidence some things materiall in the busines. It is
agread by the Board, And Ordered th* M' Ouerzee putt in Bond of
One hund^ Thowsand pownds of Tob, to the L** Proprietary for his
appearance att the next Prouinciall Court, & there to attend the finall
determinaon of the same.
It is Ordered by the Board that Henry Moore haue the Indian Attorney
Naughnongis (he paying for him One Thowsand pownds of Tob) ^^!^ ^*
to him the s** Henry Moore his heyres & assignes for euer, W** notes'
Tobaccho is to goe to the defraying the charge, & paying Edmund
Phillpott, as is mentioned in the former yesterdays order, (Viz)
To Edmund Phillpott 172* Tob.
To Humphrey Attwicks for dyett for himselfe!
& the Indian J ^20
ffor himselfe att seuerall times imployedl ^.
24 dayes in the Countries Seruice J ^^
To M*^ Bretton Clerke for his ffees 028
1000
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192 Provincial Court Proceedings, 1658.
Libcr Came John Shanke & reassigneth his marke of Cattle &c : (Viz)
mark* OitUc Cropd both eares, w**' two slitts in eyther Crop, vnto M" Susan Ger-
ard engageth neuer more to challenge this marke, eyther in the
behalfe of himselfe, or in the behalfe of his Child
And the Gouemo* dissolued the Court
Decembr 20 M*^ William Bretton I doe hereby acknowledge to owe unto Philip
Calvert' v! Caluert Esq' Three Thowsand pownds of Tob. & Cask w*** out
Mcc grownd leaues or Seconds to be payd to him the s** Philip Caluert
^**PKnip ^*^ heyres, Exequuto" admistrato" or assignes the Tenth day of
Calvert Octob"^ next, And hereby allso I doe authorize you to enter a Judgm*
ed^^fuli therefore uppon the Prouinciall Court Records. Witness my hand
satisfacc5ii this second day of September 1658. Signum
Judgmt this Acknowledged before me Edd Lloyd. George G. M. Mee.
3ith of flFcb-
PctS^BaAc ^^ ^^^' Acknowledgem* & Judgm* thereuppon is accordingly
entred die 2^ Supradict Decemb*^ 1658 p*^ me
WiU» Bretton.
21 flFeb: 1660 M' William Bretton I doe hereby acknowledge to owe unto Philip
^ pwr^ Caluert Esq*^ One Thowsand six hund** ninety seauen pownds of Tob
Calvert & Cask w*** out Seconds or Grownd leaues to bee payd to him the s^
cc^^^full ■^'^^^^P Caluert, his heyres Exequuto" Admistrato" or assignes att or
sa^fiction uppon the Tenth day of Octob', w^ shall bee, in the yeare 1659, And
J^dffra? ^^^^^y ^^ I ^"^ authorize you to enter a Judgm* therefore uppon
Peter Bathe the Records of the ProuinciaJl Court, Wittnes my hand this second
day of Septemb' 1658 Signum
Acknowledged before me Edd Lloyd George G. M. Mee.
W*^ Acknowledgm* & Judgm* thereuppon is allso entred by me 2*
Decembris Supradict, 1658
Will" Bretton.
Assignment Whereas Will"* Assiter & Thomas Diniard standeth bownd for
mee unto Will" Euans for the paym* of Three Thowsand pownds of
Tob & Cask, And that the fores** Assiter & Diniard may bee the
better secured from the s** Debt I Rob* Thomas doe by these p^nts
bind & make ouer unto the fores** Will" Assiter & Thomas Diniard
all my whole Estate in generall, That is to say Eight head of Cattle,
hoggs, & Tobaccho that is now my Estate att p*nt, & whatsoeu' shall
be mine hereafter, Vntill the s** Tobacho be payd, & the fores** Assiter
& Diniard discharged. Then the fores** Estate to retume to mee &
not before. As wittnes my hand the 13*** day of Nouemb^ Ano
1658
Signed & Deliuered in p*nce of The R T. mrk of
Will" Euans Robert Thomas
Peter Achillis.
I
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Provincial Court Proceedings, 1658. 193
Will" Hampsted demandeth writt agst M*^ Symon Ouerzee accon Liber
Case, Summons to the Sheriffe of S* Maries County to warae &c : Hkmostead
Ret. next Prouinciall Court to be holden att S* Mary 3** day of the v. Ovcrzcc
Court
Supoen. Thomas Kemp, & Adam Dutchman to testify in dit. caa
uppon the forfeiture of 506* Tob each.
Cap* Thomas Comwalleys demandeth warr* agst Cloues Mace in Deccmb'
an accon of Debt to the ualew of 1 506* Tob. ^^^\
^ p. ISO
War* to the Sheriffe of S* Maries County to arrest &c : Ret. next Cornwjdlcys
Prouinciall Court to be held att S* Maries 19 January next, 3** day. ^* ^^
Cap* William Stone demandeth war* agst Martin Kirke, & Edward Stone v.
Qaxston Accon Sup' Case. ^^
War* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court ut supra 3** day.
Cap* Thomas Comwalleys demandeth war* agst Michael Cranley, Comwalleys
& his Wife the Relict of Thomas Gregory deceased & Michael l^ J*"^^^
Baysey to giue account of the Estate of the s** Thomas Gregory.
War* to the Sheriffe of S* Maries & Caluert County to arrest &c :
Ret. next Prouinciall Court ubi supra.
Cap* Thomas Cornewalleys demandeth war* agst ffrancis Brooks, Comwalleys
& James Lindsey to giue ace* of the Estate of Will" Nugent De- ^ ^roo^s
ceased.
Writt to the Sheriffe of S* Maries & Charles Counties to wame &c :
Ret. next Prouinciall Court ubi supra.
Cap* Thomas Comwalleys demands war* agst Edmund Philpott Comwalleys
Accon sup* Case. v. Philpott
War* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court ubi supra.
Cap* Thomas Comwalleys demandeth war* agst Will" Styles in Comwalleys
an accon of Debt of 1217* Tob. v. Stiles
War* to the Sheriffe of S* Maries County to arrest &c: Ret. next
Prouinciall Court ut supra.
Summons to the Sheriffe of S* Maries County to wame M' Symon Comwalleys
Ouerzee to answere the Bill of Complaynt in Chancery of Cap* ^- Overxee
Thomas Comwalleys Ret. ubi supra.
Subpoen to the Sheriffe of S* Maries County to wame Rob* Comish Rc Cole
to bee att the next Prouinciall Court, to testify Conceming a Cow
Killed att Hebdens Poynt att the howse of Rich : Abrahall uppon the
13
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194 Provincial Court Proceedings, 1658.
Liber forfeiture of 506* Tob. Ret. next Prouinciall Court ut Supra, att
P. C. R. RQijt coi^ request
Taylor v. Subpoen to the Sheriffe of S* Maries County to wame Peter
Jordan Achillis to bee att the next Prouinciall Court to testify in a Cause
depending betwixt Robert Taylor & Thomas Jorden merch* uppon
506* Tob forfeiture, Ret next Prouinciall Court ubi Supra, att Rob*
Taylo" request
Willan V. M*^ Richard Willan demands war* agst Rob* Kedger & George
Kedser Taylor in an accon of Case.
War* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court ut supra.
Summons to the Sheriffe dit County to wame Vincent Atchison ;
fforker ffrizell, ffrancis ffisher, Auis Joanes, Rob* Cornish, John
Harwood & Owen James to testify in ditt caa, vppon 500* Tob
forfeiture each, Ret ut supra att M*" Willans request
p. 151 Summons to the Sheriffe of S* Maries to wame ffrancis ffisher &
Edward Chicken to testify in ditta Caa, uppon 500* Tob forfeiture
Ret next Prou : Court ut Supra att Kedgers request
Croudi V. Summons to the Sheriffe of S* Maries to wame Thomas Griffin to
Fenwick j^ ^^ ^^ j^^^ Prouinciall Court to testify in a Cause depending
. betwixt Raph Crouch & M" Jane ffenwick conceming a horse uppon
506* Tob. forfeiture Ret ut supra att M" ffen. request
January 30 M" Jane ffenwick demands war* agst Walter Hall in Accon of
Fcnwici J. Deb^ ^^r* to the Sheriffe of S* Maries County to arrest &c: Ret
next Prouinciall Court to be held att S* Maries 19*^ Jan : next
Summons for Walter Pakes to testify in ditta caa.
Tilghman v. Cap* Samuel Tilghman demands warr* agst Rob* Kedger Accon
Kwtew- Case. War* to the Sheriffe of S* Maries County to arrest &c : Ret
next Prouinciall Court ut supra.
Kedger v. Rob* Kedger demands War* agst Cap* Samuel Tilghman", Accon
Tilghman Case.
War* to the Sheriffe of S* Maries County to arrest &c: Ret. next
Prouinciall Court ut supra.
Harper v. Will"* Harper complaines agst M' Rob* Qearke in an accon Case.
^*^ Summons to M' Rob* Cleark to answere to the s** Compft
Summons to the Sheriffe of S* Maries & Charles Countyes to
wame John Shirtcliffe, Walter Hall & M*" Henry Adams to testify
in ditt caa, uppon 506* Tob forfeiture. Ret. ut Supra.
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Provincial Court Proceedings, 1658. 195
Richard CoUett complayneth agst M*^ Robert Clearke in an accdn Liber
of Debt of 656* principall Debt by Bill, besides Court charges. Coi^^
Summons to M' Rob* Qeark to answere to the s** complaynt. Clarke
John Harwood demands writt agst Will" Edwin for 300^ Tob. Harwood v.
w^ 206* Tob. more for charges, besides Costs of suite, according to ^^^^
an Order of Court held att Patux* 17*^ ffeb. 1657, had agst the s**
Edwin.
Writt of Scire ffacias to the Sheriffe of S* Marys County, Ret ut
Sup«.
Attatchm* issued agst the Estate of Cap* Will" Mitchell for 20orf 23ti» Octob'
Tob att the request & demand of Cap* Thomas Comwalleys in an coSnwallew
accdn of Debt to that ualew. Ret. this Prouindall Court. v. Mitc^en^s
Estate
Speciall war* from the Gou*^ to the Sheriffe of S* Maries County to 27*^ Nouem-
arrest John Shanks & Charles Maynard att the suite of Cap* William 3^ J^^y
Stone in an accdn of Debt, Ret. this Prouinciall Court ut Supra. Shank &
Maynard
Anne Hammond demandeth attatchm* agst the Estate of Jeruice 50 Decembr
Dodson alleaging the s^ Dodson is indebted to her 5 Cowes, & their H^^^n^^i
encrease for these 4 yeares past v. Dodson's
Attatchm* to the Sheriffe of S* Maries County to attatch &c : Ret ^^^^
next Prouinciall Court ut supra.
Cap* Samuel Tilghman demands war* agst Will" Edwin in an Jannary s©
accon of Debt to the ualew of 1206* Tob. Sw^r" ^'
War* to the Sheriffe of S* Maries County to arrest &c: Ret next p. 152
Prouinciall Court to be held att S* Marys 19*^ Jan. next.
Nicholas White demandeth war* agst Hiunphrey Howel, Accon White v.
Case. ^^^*"
War* to the Sheriffe S* Maries County to arrest &c : Ret ut supra.
Summons to the Sheriffe to wame John Coleman & ffrancis Mogge
to testify in caa supradict uppon 506* Tob. fforfeiture. Ret next
Prouinciall Court ut supra.
Cap* Thomas Comwalleys demandeth warr* agst Richard Sheppey, Comwalleys
in an accon of Debt of loorf Tob. ^- ^^*w>ey
War* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court ut supra.
Cap* Thomas Comwalleys demands war* agst John Jarbo & Rob* Cornwallcys
Cole ^' J^trbo &
War* to the Sheriffe of S* Maries to wame the s^ Jarbo & Cole to
bee att the next Prouinciall Court to answere to the Complaint of
the s** Comwalleys in Chancery agst them. Ret. ut supra.
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196 Provincial Court Proceedings, 1658.
Liber Cap* Thomas Comwalleys demands War* agst Dauid ffercira in
CornwaUcS an accon of Case.
V. Cole War* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court to be held ut Supra.
Summons to the Sheriffe of S* Maries County to wame John
Macky to testify in ditt caa, uppon 506* Tob forfeiture Ret ut supra.
Kedger v. Thomas Kedger demandeth warr* agst Walter Hall in an accon
^*" of Debt to the ualue of 1200* Tob.
Writt to the Sheriffe of S* Maries County to arrest &c: Ret next
Prouinciall Court to be held ut supra.
Keytin V. Nicholas Keytin demands war* agst Martin Kirk in an accon of
^^^ Defamaon
Writt to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court ut supra.
Summons Henry Potter, Edward Claxston Cap* Nicholas Gwyther
& his Wife to testify in ditt Caa. sub 500* Tob each, Ret ut Supra.
Stone V. Cap* Will" Stone demands war* agst Tho : Symonds accon Case.
Symonds ^^.j^ ^^ ^j^^ Sheriffe of S* Maries County to arrest &c : Ret next
Prou : Court ut Supra.
Wilkinson v. Wilkinson Will" Cler. Enters Caueat agst the Admistrato* of
Brooks flfrancis Brooks Estate for 256* Tob. by Bill.
January isth Cap* Thomas Cornewalleys demandeth writt agst Thomas Sprigge
P- 153 in Accon Debt.
Comwalleys
V. Spriggs Writt to the Sheriffe of Caluert County to arrest &c : Ret next
Prou : Court att S* Maries 23 ffeb. next.
Comwalleys Cap* Thomas Cornewalleys demandeth war* agst Thomas Bur-
V. Burdeck ^^^ ^^ ^^ ^^^^ ^f j^^^^
Writt to the Sheriffe of S* Maries to arrest &c : Ret next Prouin-
ciall Court att S* Maries holden ut supra.
Juaary 17th Know all men by these p*nts th* I Nathaniel Vtie doe giue M""
PoweJ^of ^^^ ' ^^^^^^^' ^ ^^^ power as my selfe hath to receaue all Debts,
Attorney Dues & demands belonging to mee in Patux* and Maryland, Witt-
nes my hand this 28*** of Octob^ 1657
In presence of Nath Vtie
George Vtie
George Gouldsmith.
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Provincial Court Proceedings, 1658. 197
Know all men by these p*nts th* I Thomas Gerard of S* Qements Liber
Manno' Esq' doe remise release aquitt exonerate & discharge M' ^p^^ rth
Raph Crouch Executor to Lawrence Starkey Deceased of & from 1658
all debts dues & demands whatsoeu% w** was any ways formerly due IState'^^*
from the Estate of the affores^ M' Starkey unto me Thomas Gerard,
& I doe likewise acquitt & discharge the aboues^ M' Crouch on the
behalfe of the afores** M' Starkey or any Estate formerly belonging
to him from the beginning of the world to this present.
Signed in the p*nce of Tho : Gerard
James Langworth
Justinian Gerard
Will"* Edwin aged 46 yeares & upwards att the request of Rob* July ^^
Cole maketh oath, th* ffowre yeares agoe M*^ Beniamin Gill lay sick jfe^jifg
at this Depon** howse : & in time of his sickness there he declared to Estate
this Depon* That if it pleased God to take him out of this life, Robert eSd^
Cole who was his Kinsman should enjoy all th* euer he had, Except
his Sonne or Daughter, or some of their Children should perchance
come in hither into this Country William Edwin
Jurat Cora me Will" Bretton
Mary the Wife of Will" Edwin maketh Oath That M' Beniamin
Gill, lying sick att her howse, was uery desyrous to haue some body
to write his Will, & there being nobody then there lyuing that could
write. He requested this Depon* to beare wittnes th* hee gaue what p. 154
hee had to his Kinsman Rob* Cole; Except M' Neale or his Wife,
or any of their Children should come into this Prouince, & further
sayd That hee had none here to enioy what hee had, but his Kinsman
Robert Cole The mark of
Jurat Cora me Will" Bretton Mary |oo Edwin
May 16*** 1656
Receiued by me Henry ffoxe of Maryland Twelue hund^ pownds Re Brooke's
of Tob & Cask of M" Mary Brooke, the Widow of Rob* Brooke ^**^
late of Maryland Deceased Esq*^, as full satisfaction unto all Judgm**
& Bills of the s^ Robert Brooke Graunted eyther unto me or Philip
Land, or both of us. And I doe further bind my selfe my heyres
Executo** & Admistrato** to secure the s** Mary Brooke, & the heyres
of the s^ Rob* Brooke from Claime of Philip Land or any other
concerning the afores** Judgm** or Bills. Wittnes my hand the day
and yeare aboue written.
Signed & Deliuered in the p^se of Henry |-F ffoxe.
James Lee E his marke
Baker Brooke
Charles Brooke.
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198 Provincial Court Proceedings, 1658.
Liber Cap* Thomas Brooke enters his marke (Viz) Both Eares Crop'd
MaA Oit^ ^^ ^ ^^'^ ^^ ^^ ^^^ ^^^^' ^ TyfO slitts in the Right eare.
Abrams v. ff rances Abrams demands warr* agst Rob* Blinkhome in an acc5n
Blinkhorne ^f q,^
Writt to the SheriflFe of Caluert County to arrest &c: Ret. ut
Supra.
Thidmnny Henry Thickpeny demands warr* agst M"^ Thomas Sprigge in an
V. SprigB a^^^ Qf D^^
Writt to the SheriflFe of Caluert County, &c : Ret ut supra.
Thickpenny Henry Thickpenny demands warr* agst Gwy White, Accon of
T. White Debt writt to the SheriflFe of Calu«t County to arrest &c: Ret ut
Supra.
Pheypo V. Marks Pheypoe enters Caueat agst the Admistrato^ of the Estate
^^^'* of flFrancis Brooks Deceased, for One yeareling Cow Calfe w*"* the
p. 155 sayd Brooks undertooke to satisfy or pay fowre yeares since
Lucas V. Will" Lucas enters Caueat agst the Admistrato* of the Estate of
Ad^* flFrancis Brooks Deceased for 636* Tob & Cask
1(^/0 Robert Qearke Esq^ demands out of the Estate of Will" Lewis
^*a«SaV Deceased fine hund* pownds of Tob & Cask, It being due to him for
Lewis's his flFees of Suruey of 3000 Acres Layd out for the s* Lewis in
^^^^ Nangemy Creek.
CcMiiwalleys Sumons to the SheriflFe of S* Maries County to wamc Thomas
^'d^Over^^ Kedger, & Thomas Haruey (uppon 506* Tob each) to testify in a
Cause depending inter Cap* Tho : Comewalleys & M"^ Job Chandler
& M"^ Symon Ouerzee in Chancery, Ret
i^s8/? Thomas Comewalleys Esq^ demandeth th* these war** be renewed
January 24W Viz
Warrants
renewed X Qoues Macc
X Rich : Sheppy
X Rob* Cole
X WiU« Styles
-war* renewed Ret
Mitchell V. Cap* Will" Stone (the Attorney of Cap* Will" Mitchel) demand-
Boreman ^^ ^^r* agst Will" Boreman in an accon of Debt
Writt to the SheriflFe of S* Maries Coimty to arrest &c : Ret next
Prouinciall Court
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Provincial Court Proceedings, 1658. 199
Summons to M' Job Chandelo' to answere to the Bill in Chancery Liber
of Thomas Comewalleys Esq' next Prou : Court. Comwailcy
V. Qiandl^
Bamaby Jackson X Cap* Stone war* renewed. Warrants
M' Raph Crouch X M" ffenwick ^^ '«*^^^
& all the summons
Will" Hampsted X M' Oue'zee
}i
war** renewed.
Hugh Benin demandeth writt agst M' Symon Ouerzee accon Bcvin v.
Sup'Case. Overzcc
writt to the Sheriffe of S* Maries County, Ret.
Will" Hewes Complayneth agst M' Rob* Qeark &c : accdn Debt Hewes v.
Summons to the Sheriffe of Charles County, Ret. ^^^^
Speciall warr* to the Sheriffe of S* Maries County to wame Vin- Indian v.
cent Attchison to appeare p*sonally att the next Prouinciall Court, to ^^^^^'^
answere the Complaint of an Indian the s^ Vincent hauing abused
him & robbed him of his Roanoke.
M" Jane Eltonhead demandeth writt of Scire facias agst the Eltonhcad v.
Estate of Edmond Scarborough in the hands & poss"* of M' Rob* ^JJ^^'j
Taylo' & James Veitch. Estate
Writt &c : to the Sheriffe of Caluert County to wame the s^ W
Rob* Taylo*^ & James Veitch to shew Cause put in writt
Will" Hewes complayneth agst Capt Will"* Stone, & requesteth 16W9
Summons in an accdn of the Case. Summons to the Sheriffe of f^"**^
Charles County &c : Ret. next Pro : Court Hcwcs v.
Stone
p. 156
Rob* Kedger demandeth to haue his war* renewed agst Cap* Sam- Kcdger v.
uel Tilgma" in an accon of Case, of i8orf Tob. War* renewed & Ret TiWwnan
next Prov : Court.
27^ Decemb' 165 1
Receaued the day & yeare aboue written of Anthony Rawlings 1658/9
Tenne shillings in money sterling, & as for soe much Rent due to his Jf^"**'^
LP for this p'nt yeare 165 1 from him the s** Anthony for his fower Re Rawlins
hund** Acres of Land on the north side of Patux* Riuer & for his
Plantaon uppon Trinity Creek where he now liueth being One hund**
Acres of Land I say receaued by mee
Tho: Hatton Attorn Grafl.
Receaued of Michael Baisey his L^* Rent for 400 Acres of Land,
on the north side of Patux* Riuer taken up by Anthony Rawlins there,
& is for Two yeares ending att Christmas next, I say receaued the
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200 Provincial Court Proceedings, 1658.
Liber s** Two yeares Rent. Wittnes my hand this 20*^ day of Decemb"^
P. C. R. jggj^ Jjy ^^
Tho: Hatton Attorn grail
June 2** 1657
Receaued of Michdel Baisey one barrell of Come for Rent, Re-
ceaued p' mee Josias ffendall
1658 Nov. 10 Att a County Court held att S* Leonards on the Tenth day of
Noueml/ 1658.
Henry Coursey Esq'. Henry Hooper
Thomas Sprigge
Rob* Taylor
ffrancis Anketill
Sampson Waring
"Genf*. George Peake
Hugh Stanley
-Gent".
Robt Taylor The pif sueth the deft touching some accompts betweenc them &
^ A*!?^ to haue the deft come to an accompt w^ him, W*^ the deft denying
to doe, Craues an Appealc to the Prouinciall Court
William The Compl* sueth the s** Ketherton & ffrench (Seruants to John
®'®"j!^j7: Grammer) for slaundring him ; Alleaging th* they had informed their
Kethertoii master that hee had Counselled them to murther their s^ master,
nat: flFrcndi The defts appeare not in Court;
John Grammer denies the AUegaon & appeales to the Prouinciall
Court. Vera Copia Ex Record Ex. p' me Ed : Scott.
Fereira v. Dauid ffereira demands warr* agst Humphrey Warren in an
Warren ^ccon of Debt to the ualew of i6» 2^ sterl.
War* to the Sheriffe of S* Maries County &c: Ret next Prov:
Court
Fcndall v. Josias ffendall Esq"^ Gou' demandeth writt agst Michael Baysey
Baysey Jn an accon of Case,
p' 157
Warr* to the Sheriffe of Caluert County to arrest &c : Ret. next
Prouinciall Court att S* Maries 23*"* ffeb. next.
Cornwalleys Summons to the Sheriffe of Caluert Coimty to wame Thomas
V. Michael Long & Philip Hide to testify in a Cause depending betweene Cap*
Thomas Comewalleys & Michael Ret next Pro : Court
Woolman v. Richard Woolman demandeth writt agst Rob* Harwood in an
Harwood accon of Case.
Warr* to the Sheriffe of Caluert County to arrest &c : Ret next
Prouinciall Court, ut Supra.
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Provincial Court Proceedings, 1658. 201
Proclamation Libcr
P C R.
By the Leuitenant Generall. '^Wg
Whereas I did intend to hould a Court att S* Maries uppon the ck>uTt
nineteenth of January last past, And yhereas the s** Court by the Summoned
unexspected Thawe could not then be held, W*^** may if not otherwise
prouided for proue a preiudice unto the Country. These are there-
fore to giue notice to all p*sons Concerned That I doe intend to hould
a Prouinciall Court att S* Maries uppon the 23*^ day of ffebruary rvidc3,Md.
next ensuing the date hereof And th* all writts Processe & Attatchm^ ^^^ ^"°-
determinable att that Court inended to be houlden, on the 19*"* of
January last as afores** are hereby reinforced, And to declare that all
Causes then determinable shall att the Court to be houlden on the
23*^ day of ffebruary next w^^out further processe or arreast receaue
Determinaon. Gyuen under my hand this 8*^ day of ffebruary 1658
Josias ffendall.
Cap* Thomas Cornewalleys demandeth war* agst John Webbe, Comwalcys
in an accon of Debt of 306* Tob. ^- ^^^^
War* to the Sheriffe of Charles County to arrest &c: Ret next
Prouinciall Court ut supra.
M*^ Symon Ouerzee demandeth war* agst James Lindsey to giue Overzee
in an ace* of Symon Antonios Estate. v. Lindsey
Warr* to the Sheriffe of Charles County Ret. ut supri.
D*" Luke Barber demandeth warr* agst John Neuill in an acc5n Barber v.
of Debt. NeviU
War* to the Sheriffe of Charles County, Ret next Prouinciall
Court ut supra.
Rob* Hudson (p* Attomat Edmund Lindsey) demandeth war* p. 158
agst Thomas Baker in an accdn of Debt. m^ '^^ ^'
Writt to the Sheriffe of Charles County to arrest &c : Ret next
Prouinciall Court, 23 ffeb. next.
Martin Cole demandeth warr* agst Thomas Pryo* in an accon Colc v.
of Case. Pryor
Writt to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court ut supra.
I under written doe acknowledge to haue receaued in the yeare ff^rvary
357 of Michael Basey Three barrells of Con
le use of the Lord Proprietary. I then bei
Wittnes my hand this 23*"* of ffebruary 1658.
1657 of Michael Basey Three barrells of Come w** is for Rent for 23*** .
the use of the Lord Proprietary. I then being Receiuo* Generall. r^t^^
Henry Coursey.
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202 Provincial Court Proceedings, 1658.
Libcr This day Came Hugh Beuin of S* Hieroms in the County of S*
Dccd^ofRift Maries, & acknowledgeth himselfe to haue gyuen, & doth hereby
of heifer giue & deliuer to Nicholas Gwyth Gent" for the use of Owen Gwyther
his Sonne One Black pyed Heifer, marked The Right eare underkeeld.
The Left eare Cropd' w*'' Two slitts in the Crop, w*^ all the whole
encrease both male & ffemale to him the s^ Owen Gw)rther & his
heyres, And is to aduance him a portion
Recogniz Coram me Will"* Bretton. Hugh Beuin
Acquittance Whereas Cap* Nicholas Gwyther about 5 or 6 yeares agoe passed
his Bill or Specialty to Christopher Russell for Two hund*^ pownds of
Tob & Cask, W*^** Bill was by the s^ Russell assigned ouer to Will"
Eale, & by him the s^ Eale assigned againe to Hugh Beuin W^
Bill is accidentally lost. And lest perhaps it should againe appeare &
be found, I the s^ Hugh Beuin doe hereby bind my selfe to acquitt, &
doe hereby acquitt & discharge the f ores^ Cap* Nicholas Gwyther of &
from the s^ Bill & Debt as afores^ of 206* Tob. & Cask.
Hugh Beuin
Fereira v. Dauid ffereira demands war* agst Humphrey warren, in an accon
Warren ^j j^^^^ ^ j ^g, gd j^oney steri.
War* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court
mrk Cattle John Dauis recordeth his mark of Cattle &c : (Viz) Cropd' on both
eares, w*'* a hole in both eares.
ffd>ruary Sheriffe of S* Maries County Ret his writts (Viz)
^iheriff? Al^ writts &c : Exequuted Except Summons pro John Shirtcliflfe
returns in caa, W"* Harper X M' Clearke.
Sheriflfe of Charles Coimty Ret. All executed
Sheriflfe of Caluert Coimty, Ret All executed (Except) writt
pro Aaron Jacobson X John Little writt pro John Little X Aaron
Jacobson writt pro Jonathan Preston X Cornelius Kennede.
Sheriflfe of Kent County Ret. all executed
Sheriflfe of Annarundell Coimty Ret. Executed.
p. 159 Att a Prouinciall Court held att S* Maries on Wednesday this
P*nt
Josias flfendall Esq' Gou*l M"" Robert Clearkel D' Luke Barber
PhilipCaluert Esq*^ Seer J M' Baker Brooke J
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Provincial Court Proceedings, 1658. 203
Was called afore the Board Jacob Lumbrozo, & charged by his Libcr
LP* Attorney for uttering words of blesphemy agst Our Blessed Attom^
Sauiour Jesus Christ. General v.
Lumbrozo
The Depos" of John ffossett aged 44 yeares or thereabouts Sayth
this 19*^" day of flfebruary 1658
That about halfe a yeare since, this Depon* being att the howse of
M' Rich : Prestons, & there meeting w*** Jacob Lumbrozo, Hee this
Depon* & the s^ Lumbrozo falling into discourse concerning Our B^
Sauio** Christ his Resurrection, Telling the s^ Lumbrozo that hee
was more then man, as did appeare by his Resurrection, To w^ the s^
Lumbrozo answered. That his Disciples stole him away. Then this
Depon* replyed, th* noe man euer did such miracles as hee. To w^ the
s*^ Lumbrozo answered. That such works might be done by Negro-
mancy, or sorcery or words to th* purpose. And this Depon* replyed
to the s^ Lumbrozo, th* hee supposed, th* the s*^ Liunbrozo tooke
Christ to be a Negromancer. To w^ the s*^ Liunbrozo answered
nothing but laughed & further this Depon* Sayth not.
Jurat die & Ano Supradict Cora' me Henry Coursey.
I Richard Preston Jim' doe testify th* about June or July last past
comming from Thomas Thomas, in company w*'" Josias Cole, & the
Jew Docto', knowne by the name of Jacob Lumbrozo, the s^ Josias
Cole asked the s^ Lumbrozo whether the Jewes did looke for a
Messias ? and the s^ Lumbrozo answered yes. Then the s*^ Cole p. 160
asked him, what hee was that was Crucifyed att Jerusalem? & the s^
Lumbrozo answered hee was a Man. Then the s^ Cole asked him
how hee did doe all his miracles? and the s^ Lumbrozo answered hee
did them by the Art Magick. Then the s^ Cole asked him, how his
Disciples did doe the same miracles after hee was Crucifyed? And
the s*^ Lumbrozo answered hee taught them his Art, & further sayth
not
This was declared before mee as in the p^sence of God that it is
true this 21*** flfebruary 1658 Henry Coursey
The s^ Lumbrozo sayth th* hee had some talk w*** those persons, &
willed by them to declare his Opinion, & being by profession a Jew
he answered to some perticular demands then urged, & as to that of
miracles done by Art magick, he declared what remaines written
concerning Moses & the Magicians of Egipt : But sayd not any thing
scoflRngly or in derogaon of him. Christians acknowledge for their
Messias.
It is Ordered that the s*^ Lumbrozo remaine in the Sheriflfs Custody
untill hee putt in security Body for Body to make answere to what
shall be layd to his charge. Concerning those blasphemous words &
speeches, att the next Prouinciall Court, & th* the persons be there
present to testify uiua voce in Court.
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204 Provincial Court Proceedings, 1658.
Libcr Mittimus to the Sheriflfe of S* Maries County according to the
P. C R. order supradict
The Court uppon speciall urgent busines of the Councell adiomed
till to morrow morning.
D' Luke Barker
M' Baker Brooke
Thursday 24® flfebruary
Fd)niary 24 P*nt.
Josias flf endall Esq' Gou*] M"" Robert Qearke'
Philip Caluert Esq"^ Seer ^M' Job Chandler
Cap* Will"* Stone J
Adams v. Know all men by these p^nts th* I Henry Adams of the Prouince of
Tnighman Maryland doe constitute, ordaine, & appoynt my Louing ffreind
Nicholas Gwyther of the same prouince my true & law full [At-
torney] to all intents & purposes, as if I my self e were p*sonally
present, & I doe giue my s^ Attorney as full power as any Attorney
hath, or ought to haue as wittnes my hand this 10*'' flfeb. 1658
Wittnes Leonard Greene Henry Adams •
Tho: + Pritchard
The pJf (p* Attomat Nicholas Gwyther) euidenceth to the Court,
that Henry Pamell Deceased was indebted unto the ptf nine hund^
ninety Two pownds of Tob, principall Debt & the s^ Parnell goeing
out of the prouince, & not gyuing the pif satisfaction according to
his ingagemS tooke out an attatchm* agst the s^ Pamells Estate &
therfore prouing his s^ Debt to bee iust, demands iudgm* & satis-
p. 161 faction out of the Estate formerly attatched, according to the s*
Pamells Ingagem* unto the plf, whereuppon Cap* Samuel Tilghman
came, & sayth th* the Estate attatched, as belonging to Henry Pamell
deft, was not the defts Estate but did wholly apperteine & belong to
him the s*^ Cap* Tilghman, & was surrendred unto him by the deft
himself e halfe a yeare att least before the Attatchm* was layd. It is
therfore Ordered th* the Attatchm* be taken of till it bee made ap-
peare th* the Tob formerly attatched is the defts owne reall Estate or
not.
Attorney Warr* to the Sheriflfe to impanell of a Jury of Twelue men
^^eriw Sheriflfe retumes his writt & warned
flforcman
M' Henry Coursey M' George Reade Clem* Tybalds
M' Rich : Willan M' Roger Isham Nich : Yowng
M' Edw : Parkes Edmund Lindsey Tho : Belcher
M' Hugh Stanley James Lee John Comelius.
Was Called afore the Board Symon Ouerzee, His L^^ Attorney in-
forming the Court how th* the s*^ Ouerzee Correcting his Negro
seruant, the s^ Negro dyed imder his Correction & prefers this
iiiditem*
k
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Provincial Court Proceedings, 1658. 205
Lett it be enquyred for the L^ Proprietary, whither Symon Ouer- Liber
zee late of S* Johns in the County of S* Maries merchant, On the Attorn^
Twentith day of September Ano 1656, att S* Johns in the County General v.
afores*^ by force & armes, That is to say, w*'* Peare-Tree Twiggs of ^^^^^
noe ualue, an assault did make uppon a certaine man called Toney a
Negro, & his the s^ Ouerzees slaue. Beating the s^ Slaue, w*** the s^
Peare-Tree Twiggs, & powring melted Lard uppon him. And whither
afterwards the s^ Symon Ouerzee the Body of the s^ Toney, tyed
by the wrists to a Ladder, did hang up from the Grownd exposed to
the iniuries of the weather. Of w** stripes, melting Lard & hanging
up by the wrists &c : the s^ Toney w* in three howres dyed. And
soe the s^ Sjmion Ouerzee the s^ Toney in manner & forme afores*^
did f elloniously by chance Kill, Contrary to the peace of his Lordship,
his rule & gouemm*.
Job Chandler his testimony, concerning a Negro called Antonio
belonging to his Brother Sjmion Ouerzee.
That his Brother Ouerzee brought the s^ Negro Antonio about
March in the yeare 1656 up to his PlantaSn in Portoback Creek, &
there left him w^ his Ouerseer Qement Theobalds to worke w*'' his
other seruants But after his Brother Ouerzee was gone downe, the
Ouerseer made many Complaynts to mee, th* hee could not make
him doe any thing, noe not soe much as beate his owne Victualls, I
aduised him to use all fayre meanes, to try if that way might work
good uppon him, if not to giue him blowes : But whither hee did
correct him att any time I doe not know. But the s^ negro runne
away, & they complayned to mee that hee lay lurking about the
Plantadn, & tooke his opportunity when they were in the feild att
worke, or when they were att the Cow pen milking, then would he p. 162
gett into the howse & into the loft, & steale soe much bread & meate
as he thought good & begone. After hee had run this course about
three weeks or a month, one of my mayd seruants f ownd him in an
inward roome in my quartering howse Eating hominy out of a Pott,
& came running in to acquaint mee w*^ it : But he perceiuing th* he
was discouered, sought to make an Escape, & was gott amongst high
weeds creeping on his hand & knees But the dogs finding him out, I
brought him into my howse, & f ownd one of his hands extreame sore,
& th* one of his fingers was mortifyed, th* it must be cutt of to saue
his hand & arme from a Gangreene. I examined him how it came,
but could not w* all the words & signes I could imagine understand
from him how it came, ffor of all humane Creatures th* euer I saw,
I neuer knew such a Brute : for I could not perceiue any speech or
language hee had, only an ugly yelling Brute beast like. I drest his
hand w*** the best meanes I had. And gaue him Victualls to eate, w*^**
hee eate as Rauenous as an hungry starued Dog, & after hee had
eaten good part of what I gaue him hee made signes th* hee would
begone. But I made signes to him to sitt downe againe. Att length
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2o6 Provincial Court Proceedings, 1658.
Libcr hee gott to the doore, w*^ an intent to be running ; but I tooke a Dog-
P. C. R. ^hip & gaue him one lash w*^ it, after w^ hee came in & sate downe,
& did not make more profers to be gone. But fearing hee might
make an escape I sent for a Roape, & tyed one end to the barre of a
window & the other end dose up under his armes w*^ the knott behind,
soe sure & fast, th* I did not thinke w*^ both my hands I could
sodenly undoe it, & left one of my mayd seruants to looke after him
hauing sent for my Brothers Ouerseer to fetch him home, for I was
uery unwilling hee should gett away againe, fearing least hee might
take some fitt opportunity to doe mee, or mine, a mischeife, for I
lookd uppon [him] as a dangerous Rogue, But my mayd not well
looking after him, hee w*** the hand hee could use (or the Diuell for
him) undid the knott, & hee gott away, w^ did seeme uery strange to
mee, hauing but one hand to doe it ; for the other hee could not stirrc
one finger of it Some time after, a Pangayo Indian came to my
Brother Ouersee's Ouerseer & told him th* the Negro was there, &
uppon his informaon hee went & fetcht him, & brought him to my
howse, asking my aduice what he should doe w*^ him. I tould him it
would bee best to carry him downe to S* Maries, th* his finger might
bee cutt of, or else hee might loose his arme, or his life, & lent him my
wherry to carry him downe aduising the Ouerseer, if hee putt to
any shoare, to bind him least hee made an escape,
p. 163 After some time spent, The Jury returned their Verdict Endorsed
on the writt. Ignoramus.
The Euidences being f ownd not pregnant agst the Prisoner Procla-
madn was made by the SheriflFe That the Prisoner att the Barre stood
uppon his Justificaon, & that any one th* could giue further Euidence,
should come & giue euidence for the Lord Proprietary. And noe one
appearing, The Prisoner acquitted by Proclamaon.
Come- Vppon the Complaynt of the plf in Chancery order the last Court
^«gj^ V. M' Job Chandler alleageth that hee himselfe hath not as yett had a
and Ovcrzec [sight] of the pifs Bill, although his Brother Ouerzee hath allready
putt in his answere thereto.
It is therefore Ordered th* the s^ M*^ Chandler have a Copie of the
s^ Bill deliuered him, & th* hee putt in his answere therto in writing,
before the end of this Coiut.
Mr. Vnto the demand of the plf on the behalfe of the L^ Proprietary
^iU*T ^^^ ^ "^^ Seruant belonging to the Estate of John Dandy, called
Rich: Darby.
Vid.^fS?244 The Deft sayth th* hee had that Seruant deliuered him, & there-
uppon sold him, hee being the Assignee of John Milam, who had an
Order of Court agst John Dandy, whose seruant the s^ Darby was.
And it appearing to the Court th* that Order uppon w*** the deft
pretends tytle to the s^ seruant was but for seauen hund^ & fifty
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Provincial Court Proceedings, 1658. 207
pounds of Tob only, & was grownded uppon some words th* John Libcr
Dandy should utter concerning the iustifying any of his family in ^- ^* ^
any thing layd to their charge : whereas the dammage susteyned by
the s^ Milam was charged uppon ffrancis the now Wife of George
Beckwith, to the ualue of seauen hund^ & fifty pownds of Tob as
afores*^, who was then under the tuition of the s^ Dandy, hee being
her Guardian & possessed likewise w*** her Estate.
It is Ordered th* this cause be Respited till the next Prouinciall
Court & th* ffrancis the Wife of George Beckwith be then p*nt in
Court allso. To shew cause why shee should not be lyable to satisfy
that Order of Court : it being graunted agst the s^ Dandy by occasion
of her misdemeano' & carriage.
Was Called afore the Board John & Mary Williams & (by M*^ Attorney
Attorney Grail) charged w* the felloniously taking & carr)ring away y^}^^"
out of the howse of M*^ Symon Ouerzee diuers goods, belonging to et al
the sayd Ouerzee to the ualew of fifty pownd sterl. Together allso
was called Mary the Wife of Daniel Qocker & charged as being p. 164
Accessary afore, & after to the ffelony of the s^ John, & Mary Wil-
liams, & allso Thomas Courtney as Accessary after the fact of John
& Mary Williams as afores*^ Mary the Wife of Daniel Qocker ap-
pearing, saued her Bayle, Tho : Courtney likewise appearing saued
his Bayle.
The Sheriff e for Juro" warned the fformer Jury to attend Viz :
flforeman
M' Henry Coursey M"^ George Reade Clem* Tybalds
M' Ricli : Willan M' Roger Isham Will"* Yowng
M' Edw : Parkes Edm : Lindsey Tho : Belcher
M' Hugh Stanly James Lee John Cornelius
Mary Clocker excepts agst Edmund Lindsey & requesteth that M'
Metcalfe may declare what hee hath heard.
John Metcalfe Gent" swome in open Court Sayth, That being one
day att Daniel Clockers, soone after the arryuall of the Jew, Mary
Qocker told this Depon* that there was a yowng man w*^** lyued about
Portoback, & came to M*^ Ouerzees howse along w*** M' Chandler,
w** tooke (as shee did suppose) a pockett full of Linnen & emptying
his pocketts came againe & filled them w*** linnen & againe went out
& hid itt
M' George Mee substituted in roome of Edm : Londsey And M*^
Sjmion Ouerzee being bownd in Recogniz of looc^ Tob. to the L*^
Prop' to prosequute att this Prouinciall Court the fores^ ffelons (all
of them) Prefers this Bill of Inditem*.
Inditem*. Lett it be enquyred for the Lord Prop* whither John
Williams & Mary his wife, late of S* Johns in the County of S*
Maries, on the ninth day of Octob' last past, att the howse of Sjmion
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2o8 Provincial Court Proceedings, 1658.
Liber Ouerzee att S* John's in the County of S* Maries afores^ w* force &
• • ^ armes the Chests & trunks of the s^ Sjmion Ouerzee did open, & fiue
Cakes of Castile soape one payre of Childrens shooes| one Card of
galoon Lace| Two small peices of galoon Lace| a yard & a half e of
yellow Ribbon] one payre of white gloues] about halfe a yard of fine
holland| a paper of spyce| a parcell of Syluer & gould Lace| a bottome
of white thread] some white thread & say together | a Card of small
siluer Buttons| a Card of greene Coate-Buttons| a Remnant of
galoon Lacej a bottome of Black Thread] a parcell of white Thread]
a small parcell of starch] a Greene Saueguard] a payre of blew stock-
ins] a payre of Bodyes] a paper of pepper] one silk-Lace | Two peices
of small Ribboning] a remnant of yellow & red stuffe] a payre of
Twyzers] a small Remnant of Red Saye] a fine holland Apron] a
yard of Canuase] a yard of Diaper] a remnant of blew Calico] a
goard of sugar] one payre of Irish stockins] one pound of whited
P- 165 browne thread one pound of colowred thread] one thowsand of
pinns] a peice of Tape] a parcell of galoon Lace) a grosse of small
buttons] a small remnant of Course holland] one pownd white
thread) a small neck-cloath) a Scallop dressing] one forehead Qoathj
one fflaunders Lacd' dressing] one scollop handkercher] one but-
tond' handkercher] Three fflaunders Lacd' quoyfes] one fflaunder
Lacd' quoyfe w*** Bandstrings] One fflaunders Lacd' pinner] one
fflaunders Lacd' gorghett] one Cambrick gorghett] another fflaund-
ers Lacd' gorghett Two fine Holland Aprons] Two pockett hand-
kcrchers w*^ great buttons] one bastard fflaunders Lacd' Holland
smock] one fflaunders Lacd' Holland smock to the ualew of fifty
pownds sterl, did ffeloniously take & carry away agst the peace of his
s^ L**, his rule & Gouernm*
Mary Clocker. And likewise whither Mary Clocker the Wife of
Daniel Clocker of S* Andrews in the County of S* Maries afores^
be not accessary afore the ffact by abetting & counselling the s*^ John
and Mary Williams therto, & allso after the ffact by receauing from
the 8*^ John & Mary Williams one scollop handkercher) one buttond'
handkercher] Three fflaunders Lacd' quoyfes] one fflaunders Lacd'
quoyfe w*^ bandstrings] one fflaunders Lacd' pinner] one fflaunders
Lacd' gorghett] one Cambrick gorghett] another fflaunders Lacd'
gorghett] Two fine holland Aprons] Two pockett handkerchers w*^
great Buttons] one Bastard fflaunders Lacd' holland smok] one
fflaunders Lacd' holland smock] To the ualue of ffifty pownds sterl.
agst the peace of his s** U his rule & gouemm*.
Tho : Courtney. And lastly whither Thomas Courtney, the sonne
of Mary Clocker of S* Andrews in the County of S* Maries Jafores^
after the flfact or theft committed did ffeloniously receaue from
John & Mary Williams Three pecks of Salt & the same carry away
to S* Andrews afores*^ to the ualue of ffowre pence, agst the peace
of his 8^ L^ his rule & Gouerm^
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Provincial Court Proceedings, 1658. 209
The Examinaon of John Williams apprehended uppon suspition Libcr
of ffelony taken before Philip Caluert Esq*^ & Richard Willan genf* ^- ^- ^
Two of his LP* Justices of the Peace for the County of S* Maries
this first day of Nouemb"^ 1658 This Exam^ confesseth that hee
knew his Wife Mary Williams had taken some things of M' Symon
Ouerzees, but th* hee neuer knew what p'^ticular things they were,
And th* hee bid her haue a care th* shee medled not w* any thing
of the s^ Ouerzees, for hee would come to know of it. That An-
drew Warners Wife did bring him some things in a Pillow-beere to
the Church as from his owne Wife Mary Williams, from whence
she desyred him the s^ Williams to carry them to her husbands
howse att S* Hieroms; w*"** hee did, & th* he did thinke that there
were some goods in th* pillow beere, th* were none of his owne, &
did belong to M"^ Ouerzee, but the p'ticulars he knew not. That for
those things w^ were deliuered to M' Ouerzee (by his Wife) att
M*^ Ouerzees owne howse hee neuer knew th* his wife had any such p- i<^
in her posses'*. That the reason why hee did not discouer his Wifes
theft to M"" Ouerzee was because hee thought M' Ouerzee would
not haue missed them. That Two little Children the One called
William Smith, the other Sara Hayes did find a Bagge or Blew-
streaked Pillow beere in a hollow Tree, w^** he this Exam^ had hid
there, & after carryed to Andrew Warners uppon the Childrens
discouery of the bagge, That this bagge was deliuered to him by his
Wife, & th* hee did beleiue th* his Wife had stolne them from M'
Ouerzee, but th* w** way shee had gotten them from M' Ouerzee hee
neuer did know. That his Wife told him th* Mary Clocker had
carryed some things home of M"^ Ouerzees w** hee did beleiue were
stolne allso. And th* hee & his Wife went to Mary Qockers after-
ward, & th* then Mary Clocker opened a Bundle of Linnen w^ thev
then shared betweene them, but th* they remoued nothing fro/L
Mary dockers howse att th* time. That goeing againe to Mary
dockers shee complayned of want of salt, & th* shee promised this
Exam^ two or three cheeses to gett her a little salt. Whereuppon this
Exam*^ promised to lett her haue some of M" Ouerzees Salt : & the s*^
Clocker sayd shee would send her husband for it, because shee durst
not trust her sonne Thomas Courtney. Yett notw^'^standing she did
send her sonne Thomas Comtney, to whom Mary this Exam** Wife
did deliuer about halfe a Bushell of Salt, lapd in a peice of a Greene
Blankett, w** salt was M" Ouerzees, That shee deliuered this salt to
Courtney iust about shutting in of Day light; & hee this Exam*^
helped the s*^ Courtney to tye it up. That the Dore hath noe Latch,
but only a Lock, & th* imlesse it bee locked it will fly open
Philip Caluert Richard Willan
The Examinaon of Mary the Wife of John Williams taken before,
ut supra.
14
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2IO Provincial Court Proceedings, 1658.
Libcr This Exam*^ being demanded how shee came by M' Ouerzees goods,
P. C. R. gj^^ deliuered a Paper signed by her selfe & wittnessed by Philip
Land, Conta)ming her Confession hereunto annexed. And then
further confessed That shee desyred M' Chandler to lett her haue
the keyes to fetch some spice uppon that Sunday morning uppon
w** M** Ouerzee was carryed to Church to be buryed. That M'
Chandler being in Bed in the loft, Mary Qocker called this Exam*^
up (shee being in bed) to goe fetch the Bunch of Keyes from M'
Chandler uppon pretence to take spice, that they might open M"
Ouerzees Trunks, w*** shee accordingly did. That Mary Clocker
lay in the roome, & that shee shutt the spring lock on them both,
when they had the keyes of the Trunk. That shee this Exam*^ did
open the upper part of the Create Dutch Trunk that stood in the
p. 167 Roome (Viz that Roome where M" Ouerzee in her life time lay) &
that out of th* upper part of the Trimk Mary Clocker grasped a
bundle of Linnen bigger then fowre or fine shiffts could possibly
make but what they were as to quantity or quality shee then knew
not. Shutting downe the Trunk inmiediately & goeing out imme-
diately telling the s^ Clocker M*^ Chandler was comming. That the s*^
Qocker called her back againe alleaging M' Chandler was not com-
ming, to w** shee this Exam^ assented, & putting the doore to shee
then opened the Vnder Drawers of the s^ Dutch Trunk w^ were full
of small linnen, out of w*** the s^ Clocker tooke & tumbled out what
shee pleased into her Apron, but what they were shee knew not then
nor afterwards, but by the Relaon of Mary Clocker, when shee came
to see the child of M' Ouerzee then att nurse w*^ the s^ Qocker. Att
what time shee brought out some things & shared them w*'' this
Exam^, But whither they were all that shee tooke out of the Trimk
shee knoweth not, but beleiueth th* they were not all, by the bignes of
the Bundle shee tooke out of the upper part of the Trunk afores*^.
That uppon the ffriday after M" Ouerzee was buryed M' Chandler
deliuering some Keyes to this Exam^ to lay up a peice of Qoth, shee
by the helpe of those Keyes opened a Trunk in an upper Roome
where M' Chandler lay, & tooke those things out, w*^** were after hid
in the Tree by her husband, & after fownd by the Children, & after
th* conueyed by her s^ husband to Andrew Warners. That for those
goods carryed in a Bagge by Warners Wife to the Church & from
thence by John Williams to Andrew Warners shee this Exam^ tooke
them out of M" Ouerzees Closett, w** euery Body ordinarily went
into, for meate & other necessaries of houshould. That there stood
another Trunk in the Chamber where Mary Clocker law, in w** was
all the sheetes & Chilbed Linnen M" Ouerzee had intended for her
Lying in : & all the Childs Linnen th* uppon the ffriday night after
the Buriall of M" Ouerzee this Exam*^ casually left the Keyes in this
Trunk all the Linnen being in the Trunk att that time when shee
forgott the Key in itt. That Mary Clockers Daughter Mary Lay
w* her mother th* night. That this Exam^ lay there allso but went
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Provincial Court Proceedings, 1658. 211
out earely in the morning to Chorae. That when shee had Chorned Libcr
shee came into the Chamber againe, att what time shee the s*^ Qocker ^- ^' ^
gaue the Childs f owle Linncn to this Exam** who opening the Trunk
to lay up the s^ fowle Linnen, missed some of the Linnen, that was
there the night before by the Bulk. But did not then Examine the
p'^ticulars. A little while after this Exam^ enquyred for the s**
Clockers Daughter, who replyed shee was gone home w*^ hers the s^
Clockers fowle Linnen. That on the Saturday night before shee
the s^ Clocker went to her owne howse w*** the Child, this Exam^ p. 168
tooke her the s^ Qocker powring of powder out of a Bottle in M"
Ouerzees Qosett, & uppon the Sunday morning tooke her rowling a
peice of Pould auies about her under her Qoathes next to her smock,
w** shee the s^ Clocker carryed away w*'' her. That this Exam^ tould
Clocker th* these things could not be used here but they would be
knowne, & th* Qocker answered Hang him (as shee conceaues M'
Ouerzee) rather then euer hee shall haue them, I will bume them,
& further sayd shee would bury them in a Case in the Grownd. That
the Salt was deliuered to Courtney by her hauing the Key of the
Dairy in her Ordinary Keeping Philip Caluert
Richard Willan.
Mary Williams the Wife of John Williams desyres to declare her
mind in writing this first of Nouemb*^ 1658.
Sayth th* the goods th* Mary Qocker carryed away of M' Ouersees
was taken w*^ the s^ Mary Qocker. Shee often urging Mary Wil-
liams to deliuer them to her. And th* Mary Williams could not be
in quiett for f owre or fine dayes for her : but was still urging her to itt
Saying hang him. If we doe not doe it wee shall neuer haue any
thing for our paynes. & I Maty Williams made answere how can
I doe it ? I haue not the Keyes. And Mary Qocker replyed you are
to make a pudding goe fetch the Keyes of M' Chandler to take
Spices, and then you may doe itt, & th* there had nothing bene medled
w*** but by Mary Clockers often urging & p^suasion
Teste This Paper was deliuered by Mary 5 Williams
Philip Land. Mary Williams to Vs
Philip Caluert Rich : Willan
The further Examinaon of Mary Williams taken uppon the Second
day of Nouemb"^ by Philip Caluert Esq"^ & Rich : Willan Gent" Two
of his LP* Justices &c :
This Exam^ Sayth th* as to a new Blankett th* is missing shee
knoweth not what is become of itt. But th* shee often heard Mary
Clocker wish shee had such a Blankett, Saying there were enough
about the howse, & doth uerily beleiue shee hath it. Being demanded
whither shee knew an Apron of hoUand taken att Mary Qockers,
shee sayth th* shee doth know the Apron hauing bownd it w*'' tape
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212
Provincial Court Proceedings, 1658.
I
Liber for M" Ouerzee & uery well remembers th* shee mended the slitt th*
P. C R. jg j^ ^j,g gjjg Qf |.jjg Apron neare the Toppe presently after M" Ouer-
zee came from Portoback And allso a hoUand Bed for a Child taken
att the same place, shee sayth th* shee uerily beleiueth it was M"
Ouerzees because shee misseth one of that number
Philip Caluert Richard Willan
p. 169 The Examinadn of Mary Clocker apprehended uppon Suspition
of flfelony taken the second day of Nouember 1658 before Philip
Caluert Esq^ & Richard Willan Gent" Two of his L^ Justices of the
Peace for the County of S* Maries
This Exam^ denyeth th* euer shee tooke any thing of M" Ouerzees
but confesseth th* shee had diuers things by the deliuery of Mary
Williams to keepe for her the s^ Williams, & th* the s^ Williams did
deliuer the things to her this Exam*^ in M" Ouerzees Chamber all att
one time, but att what time shee remembreth not. That shee did
see the Dutch Trunk in M" Ouerzees Chamber opened by Mary
Williams, & shee thinks it was att th* time when Mary Williams tooke
out the Linnen th^ shee deliuered to her this Exam^
Philip Caluert Richard Willan
The Examinaon of Thomas Courtney apprehended uppon Sus-
pition of flfelony taken before ut supra.
2^ Nouemb' 1658
The Exam^ Sayth th* his mother Mary Qocker sent him to John
Williams, & tould him th* the s^ Williams would know what he came
for. That when he came to M*^ Ouerzees, Mary Williams seeing this
Exam*^ stay w*** out saying any thing, asked him whither hee came
for any thing thither or not. To w^ this Exam^ replyed hee came
for salt, nobody being att th* time by but John Williams. That after
this hee this Exam^ went into M' Ouerzees Kitchen, where were
diuers of the ^eruants & John Williams. That Mary Williams com-
ming into the Kitchin, John Williams gaue this Exam^ a priuate
Rubbe w* his Elbowe, by w*^** he coniectured the s^ Williams would
haue spoken w* him, & thereuppon followed the s^ Williams into the
Roome where hee & his Wife lay, & there receaued from the s*^
Williams Salt to the quantity of Three Pecks. That as hee this
Exam^ was carrying the salt home hee imagined the Salt was not
belonging to John Williams, but th* hee had stolne itt from M'
Ouerzee. That one day being att the Cow pen his sister Elizabeth
tould him th* his mother had bene att home, & had brought home
Two smocks w*** her.
Philip Caluert Richard Willan
The Examinadn of Elizabeth Clocker taken ut supra being a
Child about Twelue yeares old.
i
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Provincial Court Proceedings, 1658. 213
The Exam^ Sayth th* those Two smocks shee toidd her Brother Ubcr
Thomas Courtney of, shee knew not who brought them home, & all ^- ^- ^
that shee knew was by Relaon from her Sister Mary.
Philip Caluert Rich: Willan.
The Examinadn of Mary Qocker taken ut Supra being a Child p. 170
about nine yeares old.
The Exam*^ Sayth That the Smocks shee tould her Sister of were
her Mothers.
Philip Caluert Richard Willan.
The Depos" & Examinadn of Anne Holt, Seruant to M*^ Symon
Ouerzee taken in open Court.
The Depon* Sayth That Mary Williams taking a Case Key opened
therew*^ M' Chandlers Trunk who kept M' Ouerzees keyes in his s*
Trunk, & that Mary Williams then tooke out her M' Ouerzees keyes,
& opened M' Ouerzees Cabinett ; And tooke out some things out of
the Cabinett, as thread, tape & pinns, & then locked M' Ouerzees
keyes up, in M' Chandlers Trunk againe (M' Chandler himself e not
being then in the howse) And att another time Mary Williams goeing
to putt up a peice of Woollen cloath into a Trunk, shee then tooke
out some other things, as stockins & buttons, & a peice of silk, w^
shee profered, & would haue gyuen this Depon* this Deporf bidding
her putt it up againe. The Jury Returning, Deliuered their Verdict
Endorsed on the Writt Billa Vera uppon the whole.
Mittimus to the SheriflFe to haue the Prisoners under safe Custody,
till they bee againe called.
To the hon"* the Gouemo* & Councell
The humble Pet" of Samuel Tilghman Humbly sheweth That yo' Tilghman v.
Pef hauing payd for the use of Robert Kedger flfowre pownds of Kcdgcr
lawfull money of England, In consideraon whereof the s^ Rob*
Kedger did giue unto yo' Pet' Bills of Exchange charged uppon M'
Callaway to pay the s^ flfowre pownds, w*'* a letter of aduice to that
purpose. But being demanded there, it was denyed & therefore
protested. Therefore yo' Pet' desyres Judgm* agst the s^ Kedger w**'
the Costs & Dammages, And yo' Pet' shall pray &c :
Vnto the Pet'of the pif aboues^ the deft (by M' Attorney grafl)
acknowledgeth the Bill of Exchange mentioned in the pJfs Pet" yett
sayth th* hee this deft shipped on board the pifs ship one hogshead of
Tob. & had Two Bills of Lading for the same & sent one to M'
Callaway, yett the plf neuer deliuered that hogshead to whom it was
sent.
To w*^** the pJf sayth th* That hogshead of Tob was not deliuered to
him (as is alleaged) but to One Browne, who disposed of the hogs-
head according to the defts order, as appeareth by this Certificate
or attestadn.
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214 Pravimciat Co'mt Proceedings, 165&
Lfcr Robert Moms of RatdrSe Mskrmer h va^ to make oath tb^ in
^^m J°°^ ^^53 ^^ tiscrcafaoata Sairmd Tn^rman ma^cr of the diip
GoaI<icn ffortme then att ? ^ularks in MaiTiancL did recratie into
the s^ ship one hogshead of Tob, to bet defitsercd in London shipped
bjr Robert Keener Ljnni^ in that place; w* a Charge to One John
Brofwne then being a Pstsscnger in the s^ ship, by the s^ Rob^ Kedger
to deliver it to a ffrcind of the S* Kedgers in Sowtfawarke. Deiincr-
ing to the ^ Browne his letter k. Bill of Lading, w^ order ti> the ^
Brovne to dexter it w^ the letter k Bill as abooe^^ Bat in case bee
cocdd not find his friend, to dispose of it & gioe him an AccompC
AOso At ^ Rob^ Morris will depose That tiie s^ Browne told him
That he cookl not find the ^ Kedgers ffrrind, k. tfaerf ore accordii^
to Order from the ^ Keener hee made safe of the hogshead in his
sig^ Bat what mooej Browne receiaed dierefore he is cnccrtaine.
Albo the ^ RoV Morris Two jcares after was questioned br a
Seraant of the s* Kedgers abont this bcsincs, where in Virginia
be made Oath to gioe the ^ Kedger satisfaction to what is abooe-
sajd sett downe: And the 9^ Rob^ Morris doth likewise s^ & is
readj to make oath That the hogshead was much Damnified when
Browne socdd it.
To an w^ pHicnlars I am readj to make Oath
Rofai Morris
Jane 15*^ 1657 To M*^ Jeremiah Callawsqr
S^ pnj paj onto Cap^ Somod Til^nnan or his order^ att sight
of this my first Bill of Exchange mj second & third not comming
to hands^ the smnme of ffowre pownds sterL Praj make good
payment, & place itt to the acco^ of j(f ocry k>mng ffrcind.
Rob^ Kedger.
Bee it knowne onto aO men bj these p'nts That one the thirteenth
daj of the month of Noorob^ in the yeare of Our Lord 1657 ^^ ^^
instance & request of M*^ Samnd Tilghman of Ratdiffe Mariner I
John Daniel Notary & Tabellion pnblick dwelling in Lon<kxi, ad-
mitted & swome went to the now dweDing bowse of M*^ Jeremiah
Calloway sdtuate in Soothwark neere LiHidon^ & there speaking to
his seraant I asked him if that the s' M' Jeremiah Callawaj his
Master were att home, or had left any Order w^ him for the paym^
of a Certaine Originall Bill of Exchange onto him shcwen & whereof
the Coppey here before is written word for word. Wbereoppon the
^ Sen/ answered that his Master was not w^ in, nejrther had hee
left any Order w* him for the paym^ of the si* Bill o f Exchange, W**
p, 173 answere I the ^ notarie hamng heard, att the instanrr & request as
afores' protested, euen as I doe protest by these p^nts for want of
p*nt paym* of the s' Bill of Exdiange, & of Exchange & Rechange &
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Provincial Court Proceedings, 1658. 215
all Costs dammages & interests allready suffered & suste)med, & yett Libcr
to bee suffered & susteyned as well agst Rob* Kedger drawer or sub- ^- ^' ^
scriber of the s^ Bill of Exchange & agst the s^ Jeremiah Callaway,
to whom the Bill is directed as agst all others in the s^ Exchange
w** are any wayes bownd to recouer all the sume of them or of
their goods in time & place as of right shall appertaine. Thus done &
protested in this Citty of London in the p^nce of Will™ Allen &
Thomas King wittnesses hereunto requyred
Good attestor rogatus & requisitus
Johannes Daniel Not. publ &c :
M' Edward Packer swome in open Court sayth th* sometime in
June was Twelf month being aboard Cap* Tilghmans ship, he heard
the difference discussed betwixt the plf & the deft concerning this
hogshead of Tob : yett after much dispute & contention betwixt them,
both parties were satisfyed (as this Depon* understood & imagined)
And thereuppon Rob* Kedger signed a Bill of Exchange of ffowre
pownd sterl, to the plf .
It clearely appearing to the Court both by Rob* Morris his attestaon
Date of the Protest & Lre of Exchange, & M' Packers Depos" that
th* hogshead in dispute was not shipped by the deft to the intent to
satisfy this Bond, as the deft seemes to inf erre : neyther had the plf
any p*ticular Care or Charge gyuen, & undertooke by him, in or con-
cerning the same It is therefore Ordered that the Deft pay his Debt
of ffowre pownds sterl to the plf , w*** Twenty shillings ouer & aboue
for dammage, and ffowre shillings more for the Protest, Besides ^
Costs of suite.
Know all men by these p*nts th* I Will"* Edwin of the Prouince of Taghman v.
Maryland doe bind my selfe my heyres Executo" & Admistrato" ^"*
to pay or cause to bee payd unto Cap* Samuel Tilghman or his
appoyntm*, for the use of die Owners of the ship Goulden ffortune
the summe of Twelue hund^ pownds of good sownd bright & large
Tob in cask, w*^** is for my passage in the s*^ ship from England to
Maryland, w*** in three weeks after the s^ ships arryuall there. And
in Case of Default thereof, th* then I the s^ Will" Edwin doe bind
my selfe, my heyres, Executo" & Admistrato" firmely by these p*nts
to deliuer & make ouer imto the s^ Cap* Tilghman for the use afores"^
Two good Milch Cowes imder the age of fiue yeares, & not to bee
lesse then Three yeares old apeece & I the s^ William doe further
binde my selfe &c th* if in Case one halfe of the s*^ Tob be not payd
by the time afores^ that then to deliuer unto the s^ Cap* One Cow of
the Condicons before mentioned, wittnes my hand & Seale this 10***
of January 1656
In the p*nce of Henry Coursey Will" Edwin Se + eale p. 173
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2i6 Provincial Court Proceedings, 1658.
Libcr To the hon"* the Gou' & Councell &c :
P. C R. ^^^ humble Pet" of Samuel Tilghman Humbly Sheweth That yo'
Pet* hauing in the yeare 56 transported out of England Will"* Edwin
of this Prouince uppon the ship Goulden flfortune & the s^ Edwin
hauing not satisfyed according to Agreem* yo' Pef craues Judgm*
for his Debt w* costs of suite, & allowance for fforbearance
And hee shall pray &c :
To the plfs Pet" and the Bond produced by him, The deft sayth
that hee payd a Steare formerly in part of Satisfaction of th* Debt,
& profered to satisfy the remainder in Cattle.
Jime the 2^ 1657
Red* of goodman Edwin in part of paym* one small Steare con-
tesming the weight of 251* for the use of Cap* Tilghman by me
John Mochar Boteswaine
W** Receipt the plf acknowledgeth.
It is Ordered th* the deft pay Eight hund** twenty f owre pownds of
Tob to the pjf , or ells Two Cowes about 5 or 6 yeares old, w*** their
encrease for two yeares. And then the plf to repay to the deft Two
hund^ fifty one pownd of meate. It being the weight of the Steare
formerly killed for the use of the pif .
Kedgcr ▼. To the hon"* Josias ffendall Esq' Gou' & the hon"* Councell &c:
Tilghman ^pj^^ himible Pet" of Robert Kedger Humbly Sheweth That yo'
Pef deliuered to Cap* Samuel Tilghman a Bill of i8orf of Tob due
from Jenldn Price of Accomack yo' Pef desyring the s** Cap* Tilgh-
man to receaue the same for yo*^ Pet" use. W** the s"* Cap* Tilghman
promised to doe, & to be accotmtable therefore to yo' Pet' if he
receaued it from the s^ Jenkin : if not, th* he would retume the Bill
againe to yo' Pet' (as by a Receipt under his hand to th* purpose may
appeare) But soe it is th* the s^ Cap* Tilghman hath receiued the s^
1806* of Tob of the s^ Jenken, & yett refuseth to make yo' Pet' satis-
faction, or be accomptable for the came.
Wherefore yo' Pet' prayeth th* the s^ Cap* Tilgman may make yo'
Pef satisfaction w*** danmiage for the s^ summe of Tob w**" Costs of
Suite, & yo' Pef shall pray &c :
Receiued of Rob* Kedger a Bill of Eighteene hund^ pownds of Tob
due att Accomitck from Jenkin Price, The which Bill I doe promise
eyther to Retume unto the s^ Rob* Kedger or Receauing the s^ Tob.
to bee accountable unto him for the same, as wittnes my hand the
first day of May 1654 Sam: Tilghman.
The deft sayth that hee acknowledgeth his Receipt or Condicon
P ,7^ produced, & his the Plfs Pet" in part allso, hauing reference to th*
his Receipt And further to haue receaued the s^ Tob. (there being
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Provincial Court Proceedings, 1658. 217
due to himself e out of the same Eight hund*^ pownds of Tob) w^ Liber
hee shipped home for England in another ship, & not in his owne ^- ^- ^
ship: w** Tob prouing nought, hee thought not fitt to cleare itt:
neuer making a penny profitt thereof, w** accompt he formerly gaue
the pif .
The pif further alleageth th* hee gaue the deft order to ship it in
noe ship home, but in his owne ship,.& th* the pif was to runne the
hazard in the Tob home. But hauing noe wittnes to this contract or
Bargaine, ffor the clearing of w^ Cap* Samuel Tilghman sayth
uppon Oath That hee shipped home Two hogsheads of Tob, w**
he receaued of Jenkin Price for the use of Rob* Kedger & one hogs-
head of his owne, W*^** Three hogsheads hee neuer cleared, or re-
ceaued a penny for them. But left them for the freight in Cap*
Swanleys hands. And th* the Two hogsheads weighed about Eight
hund"* pownds, & th* there remaines still due to Robert Kedger about
Two hund"* pownds of Tob.
It is ordered th* the deft eyther retume the Bill of Jenkin Price
according to his condicon, or ells pay Two hund** pownds of Tob w***
Costs of suite imto the pif.
Came Joseph Edlow & acknowledgeth a Judgm* to Cap* Nicholas Whiting v.
Gwyther Attorney of Cap* Richard Whyting for seauen hund** Edlow
sixty fiue pownds of Tob & Cask.
The Court adiomed by the Gou* till to morrow morning att 8 of
the Clock.
ffriday the 25*** of ffebruary 1658. 1658/9
Pnt« Feb. 25
M^ Rob* Clearke
" M^ Job Chandler
D' Luke Barber 1
-M' Baker Brooke
Josias ffendall Esq*^ Gou''
Philip Caluert Esq' Seer
Cap* Will"* Stone
To the hon"* the Gou* & Coimcell of the Prouince of Maryland Crouch v.
The humble Pet" of Raph Crouch Sheweth That sometime in ^^^^^k
Octob*" last was tweluemonth, M" ffenwick comming to M*" Thomas
Mathewes howse equyred of the s"* M' Mathews concerning a horse
Colt w^ shee missed; M*^ Mathews certifyed her. That there was a
horse Colt in the neck yett telling her w*** all th* that Colt in the neck
did belong to M' Starkey, informing her allso of the marke of the
Colt, & how th* that Colt was dragged ouer S* Inegos Creek w*** a
Rope, & soe putt into the neck by some of Cap* Comewalleys poeple.
And th* that Colt had a Soare in one of his ffeete, occasioned by
tying him up att the Crosse, when Cap* Comewalleys & M' Mathewes p. 175
were bargayning about that Colt. And John Bogue being then w*^
M" ffenwick told the s^ M^ Mathewes, th* if hee could but see the
Colt, hee could giue a guesse, whither it was M" ffenwicks Yea or
Noe, by a priuate marke. Whereuppon John Bogue & M' Mathewes
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2i8 Provincial Court Proceedings, 1658.
Liber goeing & ueiwing the Colt, M*" Mathews asked him for his pritiate
P. C R. niarke; & Bogue instantly replyed, hee could not see it, saying how
perhaps it might bee growne out And then M" ffenwick requested
of M*" Mathewes that shee might take up that Colt saying th* shee
should bee willing for M*" Starkeys sake to endeauou* to cure the hurt
in his legge. W** hee willingly condescended unto. And there-
uppon M" ffenwick tooke up that Colt, not clayming any Interest
in it as her owne but as belonging to M*" Starkey, Now soe it is th*
M" ffenwick deteyneth that Colt from yo* Pet* (hee being the lawf ull
Executo^ of the s** M' Starkey) though hee hath since demanded the
same of her : Being assured by euident testimonies, w** hee is ready
to produce in Court th* That Colt soe deteyned by her, did formerly
belong to the s** M*" Starkey, Conceiuing himselfe much iniured
therein, through her s^ Detinew ; neyther will shee yett redeliuer the
same, unlesse by Order of this hon"* Court shee bee compelled
thereunto
Hee humbly therefore requests That yo*" hon" will take Cogniz-
ance of the Case a releiue yo^ Pet'
And hee shall pray &c :
To the Pet" of the plf the deft (by M' Attorney grail) denyeth
what is alleaged in the Pet", Whereuppon the pif produceth these
his testimonies.
Vid. foL 240 M*" Thomas Mathews swome in open Court Sa)rth That he uerily
beleiueth th* the Colt now in dispute came of M*" Starkeys mare.
M" Hester Mathewes swome allso in open Court sa)rth. That shee
saw M*" Starkeys mare defend this Colt now in dispute agst a gelding
th* followed & beate him.
Marks Pheypo Sayth That he saw a reddish Colt w*^ Three white
feete follow a Mare, th* was accounted M' Starkeys Mare, But
whither it was her Colt or not he cannott tell.
Nicholas Keytin Sayth th* hee saw a Roane Mare called M' Stark-
eys Mare & a Red yowng horse w^ Three white feete, & a white
streake downe the forehead in company w^ her.
Bryant Daly Sayth th* hee saw a Mare & a Colt, w** was told
him was M' Starkeys (w** is the horse now in dispute) & M'
Mathewes horse did often stryue to beate th* Colt from the Mare,
but could not
Thomas Hawker Sayth that euer since hee knew the mare w**
was M^ Starkeys, hee saw the Colt now in dispute follow M' Stark-
p. 176 eys mare & thereuppon hee allwayes accounted it to belong to M'
Starkey.
Bamaby Jackson Sayth, th* hee knew th* M*" Starkey had a horse
Colt and there being another horse Colt somthing like M' Starkesrs :
hee neuer knew one Colt from the other.
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Provincial Court Proceedings, 1658. 219
Cap* Thomas Coraewalleys sayth, That the horse now in dispute Libcr
was allwayes reputed M*" Starkeys horse, & th* hee this Depon* tooke P- ^ ^
up that horse in Company w^ M*" Mathews horses.
The Deft produceth the following testimonies.
Will™ Mill aged 30 yeares or thereabouts swome & examined this
31 January Sayth That M*^ ffenwick had a ffleabitten mare th* fold a
horse Colt in June or July the summer before the hard winter, w^
Colt was then of a Rone couler, & a white streake downe the face &
2 or 3 white feete a little way up his leggs, to the best of his know-
ledge. And att the fall of the yeare, th* mare & foale went to S*
Maries, hearing the same from seuerall poeple that they were both
there. And M^ Trueman bringing up the Mare this Depon* asked
him where the foale was, & M*" Trueman answered hee did not see
it when he brought the mare away, but hee thought it was left att
Cap* Stones. About 2 yeares agoe this Depon* being att S* Maries
in Cap* Stones Cow pen he there tooke up the fores** Mare : & there
was another Mare w^ had two Colts following her, & asking Griffin
whose yowng horse th* was M' Starkeys, & the Mare & the other
Colt allso, & the biggest of the Colts had a white face from one
eye to the other, & 3 or 4 white leggs a good way up, & further
sayth not.
Swome before me Tho : Sprigge Will : Mill
John Bigger aged 24 yeares or thereabouts swome 14*^ January
1658 Sayth that formerly he used to trade much in horses, in
buying & selling them for many yeares together, & being desyred
by M" ffenwick to looke in her Roand' horses mouth doth declare
th* the s** Roand horse is fine yeares old, next foaling time, accord-
ing to this Depon** best skill in the age of horses, & further sayth
not.
Swome before me Hugh Stanley John i Bigger
George Reade aged 27 yeares or thereabouts swome this 29*^
December 1658 sayth That the Roand horse now in the posses" of
M" Jane ffenwick is ffiue yeares old next foaling time, according
to this Depon*" best skill in the age of horses.
Sworne before me Tho : Sprigge George M Reade
Will"* Kenede aged 30 yeares or thereabouts swome i*' January p. 177
1658 Sayth th* M" ffenwicks Roand horse is betwixt 4 & 5 yeares old
to the best of his iudgm* & further sa)rth not
Swome before me Tho : Sprigge. Will"* M Keneda.
Henry Thickpenny aged 26 yeares or thereabouts swome 29
Decemb'^ 1658 Sayth That the horse w*=^ should or did belong to M'^
Starkey, is not yett 4 yeares old untill the next May
Swome before me Tho : Sprigge. Henry G Thickpenny
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220 Provincial Court Proceedings, 1658.
Liber John Bogue aged 30 yeares or thereabouts swome 1 5 January 1658
P. C R. Sayth that M" ffenwick had a Roand horse w*^ 3 white feete & a
white sneepe downe the face, w^ should bee aged fiue yeares come
foaling time, & this is the horse M" ffenwick now hath in her posses"
to the best of his knowledge, & further sayth not
Swome before me Hugh Stanley. John fiO Bogue
Will" Innis aged 40 yeares or thereabouts swome 13 January
1658 Sa)rth That M" ffenwicks Roand horse, by all signes & tokens &
markes th* I can apprehend by a horses mouth is fiue yeares old the
next foaling, & further sa)rth not.
Swome before me Tho : Sprigge. Will™ Ineis
It is ordered that this Cause be Respited, & th* all the Wittnesses
be att the next Prouinciall Court to testify Viua Voce & bee there
determined.
William Vppon the demand of Will" Allen (p* Attomat Thomas Mathews)
M'iI'7Je^°^34o'Tob.
ffenwick The deft (by her Attomey) sayth th* shee hath payd all or most
part of th* Debt now demanded ; & it being a Dd)t of 3 or 4 yeares
standing is not able to declare how the s^ Debt was payd & satisfyed
by her : And because it is a Debt uppon Accompt (whereas noc Debts
uppon any Accompt are recouerable by Act of Assembly of this
Prouince aboue nine months standing) Craues the Benefitt of that
Act, W*^** was graunted, & the plf nonsuited.
Cornwaleys Know all men by these p*nts th* I Michael Baysey doe make my
V. Baysey \Yife Joane Baysey my true & lawfull Attomey, to areist, imprison
& plead all Causes whatsoeu^ in as full power as if I my selfe were
p. 178 there, & I Michael Baysey doe impower her my s*^ Wife to plead all
cases, & act & w^ stand all suites depending in this Prouinciall Court
as wittnes my hand this 18*^ of January 1658 Michael ^ Baysey
Testes Thomas Seamor John Rawlings
To the hon"* the Gou' & Councell for &c:
The humble Pet" of Thomas Comewalleys Sheweth That whereas
Thomas Gregory late of this Prouince being unfortunately slayne att
the engagem* in Anarundell County being indebted to yo^ Pet'.
And none since his death hauing taken any legall course for duly
admistring the Estate of the s** Gregory, whereby yo*^ Pef might
receaue satisfaction, who hauing thereuppon taken out Ires of ad-
mistradn & hearing th* Michael Baysey of Patux* hath illegally
possessed himselfe of a Parcell of Land, lett by the s** Baysey to the s**
Gregory for certaine yeares of a writing under the hand of the s**
Baysey, W** writing the s** Baysey after the death of the s** Gregory
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Provincial Court Proceedings, 1658. 221
someway surreptitiously hath gott into his posses" & refuseth to Liber
deliuer to yo' Pet' or satisfaction for the s^ Land whereon the s^ ^' ^- ^
Gr^ory had builded & cleared a G>nuenient Plantaon worth as yo'
Pet' is informed neere 2006* Tob.
In consideraon whereof yo' Pef htmibly prayeth th* the s^ Baysey
may deliuer up the s** writing, or declare uppon Oath the Contents
thereof & giue satisfaction to yo' Petf for the s** PlantaSn, whereby
yo' Pet' may receiue satisfaction for his iust Debt & hee shall
pray &c :
The deft sayth th* she knoweth not of any Condicon passed by her
husband to the s** Gr^ory under hand writing, & if such were she
knoweth not what is become thereof &c :
In this Cause Anne Cranly deposed sa)rth. That her husband Vid. foL asS
Gr^^ory had a Condicon of Micha^ Baysey for planting grownd in
Patux* Riuer for nine yeares for w^ grownd her s** husband was to
pay to the s^ Baysey Two Capons a yeare. But what is become of
the Condicon shee kiioweth not
Thomas Long sayth That Thomas Gregory told this Depon* that
hee had a Condicon from Michael Baysey for nine yeares for his
planting Grownd & shewed him this Depon* the Condicon : But this
Depon* neuer read the same.
This Cause is respited till the next Prouinciall Court, & th* John
uan Hack be summoned therto, to testify.
war* to the Sheriffe to impanell a Jury &c : p. 179
Sheriffe retumes his writt & warned Attorney
fforema" Waiiams *
M' James Langworth M' Will" Boreman Nicholas Keytin ^ *>•
M' Thomas Mathewes M' Walter Hall M' James Lindsey
M' Henry Adams Robert Cole Marke Pheypo
M' Thomas Sprigge Rob* Kedger Will" Hayes
Was Called to the Barre & Presented John & Mary Williams &
Mary Qocker for ffelony; & Thomas Courtney for Petite Larceny.
Presentm* read afore them all.
The Jury doth present on the behalfe of the Lord Proprietary of Presentmt
this prouince That John Williams & Mary his Wife, late of S* Johns Jg!^. .
in the Coimty of S* Maries, did (on the ninth day of Octob' last past, Mary
att the howse of Symon Ouerzee att S* John in the County of S* Williams
Maries afores**) ffiue Cakes of Castile soape| one payre of Childrens
shooes| one Card of Galoone Lace| Two small peices of galoon Lace|
one yard & halfe of yellow Ribbon| one payre of white glouesj about
halfe a yard of fine hollandj a paper of pepper| a parcell of Siluer &
gold Lace I a bottome of white thread some white thread & say to-
gether! a Card of small siluer buttons] a Card of greene Coate-
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222 Provincial Court Proceedings, 1658.
Liba- Buttons] a Remnant of galoon Lace| a bottome of Black thread] a
parcel! of white Thread | a small parcell of starch a greene Safeguard]
a payre of blew stockins] a payre of Bodies] a paper of pepper] one
silk Lace] Two peices of small ribboning) a remnant of yellow & red
stuflFe] a payre of Twyzers] a small remnant of red Say] a fine
holland Apron] a yard of Canuase] a yard of Diaper] a remnant of
blew Calico] a goard of Sugar] one payre of Irish stockins] one
pownd of whited browne thread] one pownd of colowred thread]
one Thowsand of pinns] a peice of Tape] a parcell of yellow Lace)
a grosse of small buttons] a small remnant of G>urse holland) one
pownd of white thread) a small neckdoath) a Scollop dressing) one
fforehead Qoath] one flounders Lacd* dressing] One scollop hand-
kercher] one buttond handkercher) Three flounders Lacd' quoyfes]
one flounders Lacd' quoyfe w*"* bandstrings) one flounders Lacd'
pinner] one flounders Lacd' gorghett] one Cambrick gorghett] an-
other flBaunders Lacd' gorghett) Two fine holland Aprons) Two pock-
ett handkerchers w*^ greate buttons] one bastard fflaunders Lacd'
holland smock] one fflaunders Lacd' holland smock) to the ualew of
ffifty pownds sterling, ffeloniously take & carry away, agst the
peace of his s** L^, his Rule, & Gouerm*.
The Prisoners plead not Guilty
Presentment The Jury doth present on the behalfe of the Lord Proprietary of
aJte *^^ Prouince, That Mary the Wife of Daniel Qocker of S* An-
drewes in the G>unty of S* Maries, Did (on the ninth day of Octob'
last past att the howse of Symon Ouerzee, att S* Johns in the G>unty
of S* Maries afores^) contriue abett & Coimsell Mary Williams (of
the place & G>unty afores**) feloniously to take & carry away from
p. 180 the howse of the s** Symon Ouerzee ffiue Cakes of Castile soape] one
payre of Childrens shooes) one Card of galoon Lace] one yard & a
halfe of yellow Ribbon] one payre of white gloues] one yard of fine
holland] one paper of Spice) a parcell of Siluer & gold Lace) one
bottome of white thread) some white thread & say together ]one
Card of small siluer buttons) a Card of greene Coate buttons] a
remnant of galoon Lace) one bottome of black thread] a parcell of
white thread) a small parcell of starch] a greene Safeguard a payre of
blew stockins] a payre of Bodies] a paper of pepper] a silk Lace|
Two peices of small ribboning) a remnant of yellow & red stuffe] a
payre of Tweezers] a small remnant of red say] a fine holland Apron]
a yard of Canuase] a yard of Diaper] a remnant of blew Calico] a
goard of Sugar] a payre of Irish stockins] a pownd of whited browne
thread) a pownd of coloured thread) a thowsand of pinns] a peice of
tape] a parcell of galoon Lace] a grosse of small buttons] a small
remnant of course holland] a pownd of white thread] a small neck-
doath) a scollop dressing) a forehead cloath] a fflaunders Lacd'
dressing — And did allso after the ffact Committed from the s** Mary
Williams & John Williams her husband feloniously receaue ouer &
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Provincial Court Proceedings, 1658. 223
aboue the forementioned parcell of goods, these ffollowing (Viz), a Liber
scallop handkercher, a buttond hankercher| Three flounders Lacd' ^- ^' ^
quoyfes another fflaunders Lacd' quoyfe w*^ bandstrings| a flounders
Lacd' pinner| a flounders Lacd' gorghett| a Cambrick gorghett|
another fflaunders Lacd' gorghett] Two fine holland Aprons] Two
pockett handkerchers w*** greate buttons] a bastard flSaunders Lacd'
holland smock] a fflaunders Lacd' holland smock] To the ualew of
fifty pownds sterling, agst [the peace] of his s** Lordship his Rule &
Gouemm*.
The Prisoner pleades Not Gwilty.
The Jury doth present on the behalf e of the Lord Prop* of this Presentment
Prouince That Thomas Courtney the sonne of Mary QocJker of S* Courtaey
Andrews in the County of S* Maries did after the ffact or Theft com-
mitted, feloniously receaue from John & Mary Williams late of S*
Johns in the County afores** Three pecks of Sallt, & the same Carry
away to S* Andrews afores** to the ualue of flfowre pence agst the
peace of his s^ Lordship his Rule & gouemm*
The Prisoner likewise pleads not Gwilty.
And the Jury all Agreeing The flforeman deliuered their Verdict
(Viz) John Williams & Mary Williams (as Principalis) Guilty to
the ualue of ffif ty shillings.
Mary Courtney (as Accessary) Gwilty to the ualue of fiifty shil-
lings
Thomas Courtney (as Accessary) Guilty to the ualue of fowre
pence.
Writt to the Sheriflfe to take the Prisoners att the Barre, & them
keep under safe Custody till they bee againe called for.
To the hon**** Josias flfendall Esq*" Leiuten* of Maryland w*"* the rest p. 181
of the Councell of State.
The humble Complaynt of Thomas Comewalleys Sheweth, That Cornwalcys
whereas the Complayn* did hyre out his Sloope & small Boate imto ^- ^^^^
Dauid flferreira for transporting of his good up Potowmeck Riuer,
Now soe it is th* after the s** Sloope & Boate came aboard the Catch
where the s^ Dauid fferreiras' goods were, hee changed his mind &
made of the s^ Sloope & Boate only to Land his goods att Edward
Packers in S* Georges Riuer, After the Landing of w** goods, & th*
the s** Sloope was anchored before Edward Packers, & the small boate
brought on shoare & there fastned by Edmund Nanfan Seruant to
the s** Thomas Cornewalleys, John Mickay (Seruant to Edward
Packer) tooke the s** Boate to haue fetchd some fowle th* were shott
by an Indian belonging to the s** Packer, But as hee was goeing the s**
Dauid ffereira hauing some occasion to use the Boate, Commanded
him to bring her on shoare, w*^** accordingly hee did, & there left
her w*** the s** Dauid & for his seruice, who hauing fownd a Cask of
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224 Provincial Court Proceedings, 1658.
Liber Brandy th* hee missed, made noe further use of the Boate, nor tooke
P. C. R. ^j.^ ^Q make her fast, whereby the s** Boate was lost, And the Wind
being Contrary, th* the s** Sloope could not come home, the s^ Thomas
Comewaleys was forced for securing his Sloope (Shee hauing bad
Growpd-tackle) to desyre Edward Packer to carry her into his
Creek where shee still remaines. By all w^ yo* Pet* is damnifyed
att the least, One thowsand pownds of Tob. for w** he desyres the s^
Dauid fferreira may make him satisfaction & hee shall pray &c :
The Deft sa)rth, that he hyred the plfs Boate, to the intent as is
alleaged in the plf s Pet", But altering his mind & intention, & resolu-
ing to stay there where hee was, & putt of his goods, hee made noe use
neyther of the Sloope or small Boate, And th* all his goods were
landed w*"* that Boate w^ belonged to the Catch, & brought his s**
goods in, neyther did hee claime any interest in the Boate, or tooke
any charge of her.
Edward Nanfan swome in open Court Sa)rth, That John Mickay
tooke a small Boate belonging to Cap* Comewaleys Sloope, & rowed
after some fowle in S* Georges Riuer w** were Shott And Dauid
ffereira calling to him bad him come on shoare. Mackay answered
him saying the Boate is none of yo** & ffereira replyed againe saying
That it was, for hee had hyred it. And Mickay to this Depon**
thinking did not row six strakes after but came immediately on
shoare w^ the Boate.
The Depos" of Robert Sallowes aged 30 yeares or thereabouts
Swome & Examined the 7*^ day of January 1658
This Depon* Sayth th* betweene one & two of the Qock about
the ninth of nouemb*^ last. Both the Sloope & Small boate was
deliuered unto Cap* Comewaleys seruant, for the use of Dauid
ffereira. And the s** Seruant complayning unto this Depon* th* hee
wanted a Roape to fasten the small Boate, this Depon* gaue him one
small Roape to fasten the same, & this Depon* further sayth, th* hee
p. 182 w*^ some others brought a boates loading of goods in the Vessells
Boate about 4 or 5 a clock the same day & layde att the steme of the
other Boate. And th* whillst Dauid ffereira was disputing about a
Cask of Brandy w*** the Seamen John Mickay & an Indian tooke the
Boate to fetch some fowle, w*** they had shott in the Riuer, & th*
Dauid ffereira called to them to bring the Boate a shoare, telling
them th* hee had hyred the Sloope & Boate. Whereuppon the s**
Mickay & the Indian brought the Boate a shoare, & doth uerily
beleiue th* Dauid ffereira was there, yett he deposeth th* Dauid
ffereira was att the same Landing after the Boate came ashoare &
further sayth not
Jurat Cora me Josias ffendall. Rob* Sallowes.
M*^ Edward Packer sayth uppon oath. That att the request of Cap*
Comewalleys hee carryed the Sloope into the Creek. But the small
Boate was lost the night afore.
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Provincial Court Proceedings, 1658. 225
The Judgm* of the Court is That the deft hyring the pifs sloope & Libcr
small Boate, ought to haue returned both the sloope & small boate. ^- ^- ^
As to the price of the s** small Boate.
Cap* Thomas Comewalleys Sa)rth uppon oath, th* That small
Boate cost him (w*^** is lost) fiue hund^ pownds of Tob. besides pitch
& nailes.
It is therefore Ordered th* the deft pay to the pif Six hund** Vid. fol. 264
pownds of Tob w* costs of suite. Exequuon issued 28® Aprill 1659
To the hon^*« the Gou' & Councell &c :
The humble Pet" of Richard Smith Attorney to Richard Wool- Woolman v.
man Sheweth Harwood
That whereas the s^ Rich : Woolman bought a Parcell of Land,
Lying on the North side of Roade Riuer being one hund** & fifty
Acres, in the Coimty of Anarimdell, of Robert Harwood, & hath t
long since satisfyed him for it, Soe it is, th* the s** Rich : Woolman
demanded seuerall times of the s** Harwood to make good his tytle
& giue him such assurance thereof, as Law hath prouided in such
Cases. The w*^** the s** Harwood hath not yett done, but doth still
obstinately refuse to giue the s** Woolman any assurance of the s**
Land, w*^** hee long since hath bought & payd for. Yo*" Pet' humbly
therefore prayeth, th* yo" will take it into yo*" serious Consideraons,
& graunt such releife, as Law & equity hath prouided in such Cases,
w^ all Cost, charge & dammage. And yo*" Pef as in duty bownd shall
pray &c :
The deft acknowledgeth th* he sould th* Land to the plf & re-
ceaued some satisfaction therefore; but the iust summe he now
remembers not, & as to the assurance demanded of him hee cannot
tell what is ment thereby, hee hauing deliuered him his tytle.
Cap* Sampson Waring Sayth uppon oath, th* about fowre or fiue Excq"
yeares agoe being att Rich : Woolmans howse ; Robert Harwood & r^?^*^^^^^'
the s** Woolman did then repeate the bargaine concerning the Land, p^ i^
And th* Robert Harwood receaued Thirteene hund^ & fifty pownds
of Tob of the s** Woolman in Consideraon of 150 Acres of Land, or
thereabouts, Surueyed by M' Qearke to the s** Harwood.
And the Court being informed th* the s^ Harwood can make the pif
noe assurance, not hauing fullfilld the Condicons of Plantaon
whereby hee may claime any Land in this prouince, & not hauing
taken the Ingagem* according to Act of Assembly & still persisting
in his obstinate humour concerning the same.
It is Ordered th* the s^ Rob* Harwood deft repay the Thirteene
htmd** & fifty pownds of Tob back, to the pif, w* Costs according
to the pifs Pet".
IS
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226 Provincial Court Proceedings, 1658.
Liber Vppon the demand & Pet"* of the pif for Thirty six shillings six
^*iS ^ P^'ice in money sterling, for wine sold to the deft, w** the deft (as is
ffcrcira v. alleaged) denyeth to satisfy.
^"wSln The deft (p« Attomat Roger Isham) sayth th» hee profered the plf
satisfaction in Tob. for his debt demanded.
It is therefore ordered th* the deft pay unto the plf Thirty six
shillings six pence, according to his demand, in money sterl. Or Tob
to th* ualue att Two pence the pownd which amounts to Two hund** &
nineteene pownds of Tob, w*"* Charge of suite.
To the hon"* the Gou« & Councell of State &c:
Corawalleys The humble Pet" of Tho: G>mewaleys admistrato" of Will"
^' ^^BrSalM Nugent Deceased Sheweth th* whereas James Lindsey & ff rancis
Brookes haue unlawfully possessed themselues of the Estate of Will"
Nugent, Hee humbly prayeth th* the s^ James Lindsey may bee
Ordered to deliuer an accompt of the s** Estate to yo*" Pet' uppon
oath. And th* hee may haue releife agst the Estate of the s** Brooks
for what he receiued of the s** Estate. As allso an Order to receiue
againe such cattle & hoggs or satisfaction for them as did belong
to the s** Nugent, There being noe lawfull Authority for the dis-
posall of them : And consequently att the perill of the buyers, as yo'
Pef conceiues & hee shall pray &c :
Vid. fol. 263 Vppon the fores** Pet" The Deft is swome in open Court, And by
uertue of th* Oath to deliuer or send downe a true account att the
next Prouinciall Court of the s** M' Nugents Estate.
Re M' William Wilkinson is impowred by Order of this Court to sell
^"^^E^^tc ^ ^w ^^ heyfer att Bartholomew Philips in S* Qements manno',
belonging to Will" Pritchard the sonne of John Pritchard Deceased
& to putt another Cow or heyfer in her roome of the same age here
att S* Maries for the use & behoofe of the s^ Will" Pritchard, the s^
M*" Wilkinson hauing the s** W" Pritchard under Guardianship, &
in his tuition.
Adams & Bee it knowne unto all men by these p*nts th* I Will" Mitchell
^^Mitdfeirs ^^^ ^^ assigne all my right tytle & interest of a blackish browne
Estate horse w*** a white face unto Henry Adams & Thomas Mathewes
p. 184 for the use of Jane Clearke, the late Relict of Nicholas Cawsine
deceased ; To haue & to hould tmto the s** Henry Adams & Thomas
Mathewes to & for the sole benefitt & use of the s** Jane Qearke &
her heyres for euer & in wittness whereof I sett my hand this y^
of January 1656. Will" Mitchell
Signed & Deliuered in p*nce of Giles Sadler
These p*nts wittnes th* I the aboue named Will" Mitchell doe
engage my selfe my heyres, Executo" & admistrato" uppon or
before the last of Aprill next comming to deliuer to the aboue
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Provincial Court Proceedings, 1658. 227
named Henry Adams & Thomas Mathews for the use aboues** a mare Liber
betweene f owre & fine yeares old, uisibly sownd wind & limb, uppon ^- ^' ^
the Receipt of Eight hund^ pownds of good sownd merch"* leafe
Tob & cask as wittnes my hand this 7^ of January 1656
Will" Mitchell.
In Case I fayle performance hereof my seruant Jane Witton is
hereby engaged for satisfaction.
Test Robert Thimbleby
This Bill bindeth me Will™ Mitchell of S* Maries, in the prouince
of Maryland Esq', my he3rres Executo** admistrato** or assignes
to pay or Cause to be payd unto Henry Ellery of the fore*d prouince
Plant* his heyres or assignes, the iust summe or quantity of Eight
hund^ weight of good sownd merch"* leafe Tob & cask to be payd
att or before the Tenth of Nouemb' next ensuing as wittnes my hand
this p*nt 14*"* of August 1656 Will" Mitchell
Wittnes Math : Stone Rich : Hotchkeys.
Nouemb' y^ 1656
I Henry Ellery the w*^ in named doe by this presents assigne &
sett ouer all my right tytle & interest of this Bill (w*^ the consent
of Cap* Mitchell) unto Robert Qeark of this prouince.
Wittnes my hand the day & yeare aboue writtto
Henry H E Ellery
Daniel Johnson
January 20*"* 1658
Henry Ellery aged 45 yeares or thereabouts Sayth uppon Oath
That this Bill was assigned ouer unto M' Rob* Clearke w*"* Cap*
Mitchells consent. Both Cap* Mitchell & M*" Qearke, & this Depon*
being alltogether in a Boate in S* Georges Riuer, att the assigning
thereof Hen : H E Ellery
Jurat Cora"* me Will" Bretton
Whereas att a Court held in Caluert County on the 30*** of Aprill Vid. fol. 47
last Attatchm* issued out agst the Estate of Cap* Mitchell for Two
Thowsand fiue hund** pownds of Tob att the Request of M*" Robert
Clearke And whereas not long after the s** Attatchm* was Layd M' p. 185
Robert Thimbleby Attorney of the s** Cap* Mitchell came into this
prouince, & had notice gyuen him of the s^ Attatchm* by the Gou-
emo^ And whereas likewise th* former Attatchm* was by order of
the last Prouinciall Court held allso in the County of Caluert on the
sixth day of Octob' last continued, yett soe as in the names of M'
Henry Adams & M*" Thomas Mathewes in the behalfe of the Or-
phanes of M*^ Nicholas Cawsine, (as appeareth by the s^ Order of
Court) to whom the specialty was signed & consequently the Debt
due. It is Ordered (the s** Cap* Mitchell not appearing nor any
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To the Clk
228 Provincial Court Proceedings, 1658.
Libcr Attorney for him) That M' Henry Adams & M' Thomas Mathewes
^" ^ ^ hatie Judgm* for the s** Two Thowsand fiue hund** pownds of Tob &
Cask allready attatched in part of satisfaction of their demand, for
non payment of the Mare according to the s** Cap* Mitchells obligadn
& specialty.
Whereas att a Court held in Caluert County on the 30*** of Aprill
last Attatchm* issued out (att the request of M' Rob* Qearke) agst
the Estate of Cap* William Mitchell for 2500* Tob & Cask & whereas
att the next Court likewise in Caluert County &* October That At-
tatchm* was continued in the names of M' Henry Adams & M'
Thomas Mathews & whereas lastly att this Court held att S* Maries
25° ffebruary the s^ Henry Adams & Thomas Mathews obtcyned
Judgm* agst the s^ Cap* Will" Mitchells Estate for the fores**
summe.
ffeei Leauy therefore by way of Exequuon uppon any the goods debts
or Chatties of Cap* W" Mitchell w*^ in this Prouince Two Thousand
To the Shcr. fiue hund** pownds of Tob & Cask (according to the fores** order)
& deliuer the same to M' Henry Adams & Thomas Mathewes or to
whom they shall appoynt to receaue the same, & for soe doeing this
shall bee yo' warr*. Gyue" att S* Maries this 25® ffeb. 1658.
Philip Caluert
To the Sheriffe of Caluert County or his Deputy
The Court adiomed by the Gouemo'' till to morrow morning
February 26 < Saturday 26® ffebruary
Pnt«
Josias ffcndall Esq' Gou'. M' Rob* Clearke M' Ba : Brook
Philip Caluert Esq' Seer. M' Job Chandler M' Ed : Lloyd
Cap* Will" Stone D' Luke Barber
Vid. writt Writt to the Sheriffe to impanell a Jury of 12 men
Attorn^ Sheriffe retumes his writt & warned
g«;f^j \ fforema-*
Holt et al.
M' Thomas Hinson Richard Games Owen James
Vincent Attchyson Tobias Norton John Neuill
Will™ Edwin Cap* Sampson Waring George Mee
M' Hugh Stanley Walter Pakes Tho: Bennett
Was called afore the Board Robert Holt, & M' William Wilkinson
Clerk, The s** Holt being charged by M*" Attorney w*^ bigamy & M*^
Will™ Wilkinson as Accessary in Contryuing the same & prefers this
Inditm*, Vid Inditcm* fol. 108.
p. 186 The Examinaon of William Wilkinson Clerk taken the g*** of
Septemb' 1658 who Sayth That hee did ioyne in marriage Robert
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Provincial Court Proceedings, 1658. 229
Holt & Christian Bonnefald, But denyeth th* hee did any thing by Libcr
way of diuorce betweene Robert Holt & his former Wife Dorothy, ^- ^- ^
Notw*^standing confesscth, th* he drue & signed as a wittnes th*
paper produced by Rob* Holt, bearing date 4*** of December w^
conteyned a release of all claime of marriage from the s** Dorothy to
the s** Robert, W*^** paper hee sayth hee did draw att their request up-
pon her Confession th* shee had Two Bastards by Edward Hudson,
& ref usall to bee reconciled to Robert Holt.
by me Philip Caluert. Will" Wilkinson.
The Examinaon of Will™ Haynes taken uppon oath by me Pl^ilip
Caluert The Depon* sayth th* hee was present when Will™ Wilkin-
son did ioyne Rob* Holt & Christian Bonnafeild in marriage some-
time in January last & further sayth not.
Septemb' 24*** 1658. Will" Heynes
To bee Remembred th* on the 24*^ day of Septemb*" came Will" Vacat.
Haynes before me Philip Caluert Esq*" & acknowledgeth himselfe
to owe & stand indebted imto the L** Prop' in the full summe of one
Thowsand pownds of Tob & Cask. If hee shall not come to the
next Prouinciall Court to bee holden for this prouince att S* Leon-
ards the 5*** day of Octob*" next, then & there to giue euidence agst
Rob* Holt, Christian Bonnefeild, Will" Wilkinson or eyther of
them th* shall be there indicted for flfelony against the Statute 7^
Jacobi Regis agst Poligamy
Septemb*^ ut Supra. Philip Caluert.
The Examinaon of James Hall taken uppon oath before Josias (Vide Davis
ffendall Esq*^ Leiuten* of this prouince. The Depon* sa}rth th* hee was ^ay ^x^
p^t when Will" Wilkinson did ioyne Robert Holt & Christian ^'
Bonnefeild in marriage & further sayth not.
Octob' 2^ James H i Hall
The same Recogniz as Will" Haynes hath cntred, James Hall Vacat.
entreth into allso for himselfe
Philip Caluert
The Examinaon of Rob* Holt taken this 17*^ Septemb' 1658 Who
Sayth th* hee was marryed sometime in January last to Christian
Bonnefeild by Will" Wilkinson parson, who tould him the s** Holt,
th* hee was free to marry any Body, by reason of mutuall discharges
from the Bond of Matrimony (as they conceiued) Guyen betweene
him the s** Rob* Holt & Dorothy his former Wife dated 4*^ of
Decemb' 1654. That there was p^nt att their marriage Will" Haynes,
James Hall & his Wife, Beniamin Hamond & his Wife
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230 Provincial Court Proceedings, 1658.
Liber The Examinaon of Christian Bonnefeild taken this 17^ of Sep-
^•p^S t^^'^' ^658
Who sayth as shee best remcmbreth shee was marryed to Rob*
Holt the Thursday before Candlemas day last by Will" Wilkinson
Parson, That shee had neuer marryed to Robert Holt, but th* the s**
Wilkinson sayd, shee & the s^ Holt might lawfully marry, & th*
diuers times coming to him to know his Opinion in itt, telling him of
her former husband & Roberts Holts former Wife. Hee still told
her shee might mary to any Body by me Philip Caluert
Other Euidences were also made appeare out of the Records by
M' Attorney. And after some time spent The Jury agreeing, bring
in their Verdict Endorsed on the Writt Bill a Vera for the whole.
Henry The pif sheweth by his Pet" how th* M*" Thomas Mathews assigned
^^'^'xhoraas ^^^^ ^^^^ ^^"^ ^ ^ ^^ ^^^ Deft, whereby the deft was engaged to
Sprigge deliuer att S* Maries One Cow & calfe before the Tenth of March
1656. W** Cow & calfe the deft prpmised to pay the last spring but
now denyeth to deliuer the calfe unto the pif.
To w** the deft sayth th* That Bill is assigned ouer unto the pff ,
w*^out his consent, contrary to an Act of Assembly & therefore
wrongfully sued.
But the Court being satisfyed, th* the deft assimied to pay that
Cow & Calfe in dispute the last yeare to the pif, att the request of
Thomas Mathews, To whom that Debt was due, & as the deft liim-
selfe acknowledgeth. It is ordered th* the deft pay unto the pif a
Cow th* hath not this yeare had a Calfe, & allso a Calfe fallen the last
spring, besides Costs of suite.
Overzee v. To the hon"* the Gou' & Coimcell
^*^^ The humble Pet" of Symon Ouerzee. Sheweth Whereas Cap*
Will" Lewis late of Portoback deceased was indebted to yo' Pet'
by bill one Indian Slaue 2^ Nouemb*" 1653, allso Eighteene Barrells
of Indian Come, & one thowsand pownds of Tob the 2^ Nouemb'
1653 & "oe assetts being left to satisfy the s** Debts, yo' Pef humbly
prayeth th* an Extent may issue forth agst his Land, att Nangemy for
paym* of the s^ Debts w* forbearance & charges of suite And he shall
pray &c ;
The Pet' produceth the Bill of the s^ Lewis for the Tob. & Come
as is demanded in his Pet", But not the Bill for the Indian Slaue.
And the Court desyring to be satisfyed, for th* this demand is a
Debt of long standing whither the Pet' hath receiued any Con-
sideraon eyther in part or otherwise in satisfaction of his s** demand
ffor the clearing of w** Symon Ouerzee swome sayth th* hee neuer
receaued satisfaction of Cap* William Lewis nor any assigne from
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Provincial Court Proceedings, 1658. 231
him, of what is demanded by him of the s** Lewis. But sayth th* he Liber
receaued a Bill of 200(^ Tob. belonging to the s** Lewis, w** was ^'J^^
assigned to him for to receaue att Accomack w** hee there left, &
knoweth not whither it will bee recouered or not.
As to the Indian Slaue I Job Chandler of Portoback in the prou-
ince of Maryland do hereby testify, th* Leiuten* Will" Lewis of the
same place for a ualuable Consideraon in hand receiued, was indebted
by Bill unto my Brother Symon Ouerzee an Indian Slaue. Vnto
the w*^** Bill I the s** Chandler was a wittnes, & had the s** Bill some-
time in my posses" to demand the s** Indian Slaue. And further I
doe testify, th* the s** Slaue was neuer deliuered or receiued : & th* I
know not of any other satisfaction giue" for the s** Slaue. The s^
Bill was dated the 2** of Nouemb' 1653. Wittnes my hand this 23*^
of August 1658.
Job Chandler.
Moreou* I the s** Job Chandler doe further testify th* I had the s**
Bill of Leiuten* Will™ Lewis in my posses" after his death, w*"*
another Bill for Come & Tob due from the s^ Lewis, & then de-
liuered them both unto my Brother Ouerzee againe, as wittness my
hand 23 August 1658.
Job Chandler.
Whereas It appeareth th* the Pet^ hath a Bill of Cap* Will" Lewis
for 2000* Tob in his custody or posses". It is Ordered that the Pef
returning in the s** Bill of Two Thowsand pownds of Tob shall bee
allowed his whole demand amounting to Three Thowsand Two
hund** & Eighty pownds of Tob. & if the s** Bill be not redeliuered
by the Pet*" then One thowsand Two hund** & Eighty pownds only.
And to be payd proportionably out of the Land to be extended of the
s^ Cap* Lewis att Nangemy.
This Demand being for building, & uppon Accoimts & intricate. Hugh Bcvtn
A Jury is impanelled by the Sheriffe to trye this & other Causes be- q^I^^^
twixt party & p'ty according to the euidence gyue" &c :
The Juro" warned are
forema"
M*^ James Langworth M*" James Lindsey Tho : Belcher
M*^ Thomas Mathewes M' Roger Isham James Veitch
M*^ Henry Adams Rob* Cole Edmund Lindsey
M' Richard Willan Walter Hall Will" Haynes.
The Jury retumes their Verdict (Viz)
ffownd for the pif 529* Tob & Cask w*** Costs of suite.
(Memorand the Jury declares th* One howse att Hebdens Poynt
is not comprehended in this their Verdict).
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232 Provincial Court Proceedings, 1658.
Liber To the hon"* the Gou' & Councell &c :
P C. R.
Ovcrzccv. The humble Pet* of Symon Ouerzee Sheweth Whereas M*^
Allen Thomas Mathewes Attorney to M*^ Will" Allen obteyned an Order
the last Court agst yo*" Pef by misinformaon of a certaine summe of
Tob. Yo' Pef humbly intreateth th* hee may haue a Rehearing
& he shall eu* pray .&c :
p. 189 Ordered according to the Pet" th* Exequudn bee superseded in the
Order last prouinciall Court (6** Octobris) obteyned agst M*^ Symon
Ouerzee by M*^ Thomas Mathewes Attorney to M' Will"* Allen.
Ordered likewise th* M"* Ouerzee putting in Bond to pay dowble
dammages Is to bring his accon anew & be determined next Prouin-
ciall Court.
John Vppon the Pet" of the pif for charges of Attendance uppon the
^ISf^k^' defts summons (Viz) 9 dayes att the last Prouinciall Court held att
Phcypo S* Leonards in Caluert County & 2 dayes uppon svunmons likewise
att M*" Job Chandlers, & att the defts suite.
It is Ordered th* the deft pay unto the plf (att the rate of Thirty
pownds of Tob p*" day for eleauen dayes, w^** amounteth in the whole
to) Three hund** & Thirty pownds of Tob.
et al.
To the hon**^ the Gouemo*^ & Coimcell &c :
Slye V. JoUy The humble Pet" of Robert Slye humbly Sheweth Whereas Two
men Seruants running away from yo*" Pef came to Mattapany in
Patux* about the beginning of Nouemb*^ last Where James JoUey &
Will" Hows mett w*** the s^ Runawayes & there seized uppon their
Two gunns & lett them goe, or as may be doubted did contriue their
conueyance from thence, to the great preiudice of yo*^ Pet^ Wher-
fore yo*^ Pet" earnest request is that the aforementioned parties may
be strictly & seuerally examined by this hon"* Board, what was the
reason of their proceeding soe uniust & ill^;ally in taking the gimns
w*** out stopping the seruants. And in case it may by any meanes
appeare th* the s** Hows & JoUey were accessary to, or acquainted w*^
the designe of the afores^ Runawayes, That the hon"* Board please
to take it into yo*" most serious Consideraons & afford yo*" Pet*^ releife
in the premises &c :
Vppon the Pet" of M' Rob* Slye
William Howes examined Sayth That hee & James JoUey being att
Matapanian ffort, they there mett w*** Two men, who told them first
that they came from Seaueme, & then after a while that they came
from Virginia, & that they were in Debt there, w^** caused them to
goe amongst the Indians. Soe fearing least the Indians should take
away their gtmns they had w*** them. They presumed to take them
away themselues. And that Those Two men gyuing an Indian a
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Provincial Court Proceedings, 1658. 233
white blankett that Indian conueyed them away (as this Exam** heard Liber
from the Indians) & that they went to the King to haue his ayde, & ^- C- ^
in the meane time they fled away.
James Jolley Examined Sayth That the men told him they came
from Seaueme, then from Virginia (as the former) yett they pre-
sumed to take away their g^ns, shooting one of, & holding the other
in his hand (loaded as he supposed) And they Could not bring them
away downe w*** them, they hauing noe Boate only a small Canow
there.
M*^ Hugh Stanley Sayth uppon Oath That comming to Will"* p. 190
How's howse the s** Hows told this Depon* th* hee & James Jolley
being att Matapanian ffort, they mett w^ 2 men w^** had 2 guns
there. W** men told them th* first they came from Seaueme, &
then from Virginia, w^** because they were in two tales they sup-
posed to be Runawayes. Yett they presumed to take away their
gunns shooting one gunne of & putting it imder his foote, the other
he held in his hand. And th* they profered the guns to this Depon*
being a Commis*" Hee againe willing them to keepe them & see
them forth comming when demanded.
The Judgm* of the Court is that there appeareth noe euidence yett
that the Exam*^ had any hand in conueying them men away. They
are therefore acquitted & are to retume the Gunns to M*^ Slyc
Proclamation
By the Leiutenant & Gou*^ of Maryland.
Whereas att a Court held in Caluert County of the 24*^ day of Prodama-
Aprill last past. It was then by Proclamaon declared, That noe person ^?P ^ *®
or persons should be allowed to plead as Attorneys in any Court of
this Prouince, but such only, as were thereto deputed under hand
writing. W** Order I haue thought good hereby to Continue and
Confirme. And further to auoyd all Inconueniences. I hoe hereby
declare, that the Wife of Noe p*son or p*sons residing w*** in this
prouince after the end of this p*nt Court (allthough imder handwrit-
ing deputed therto as afores**) shall bee from henceforth admitted
or allowed as Attorneys for their husbands in any Court of this
prouince. But such persons are requyred hereby to depute or ap-
poynt some other Attorney in their Roome & steede, other then their
Wifes, in case they giue not their p*sonall attendance att th* Court
wherto they shall be cyted, or haue any suite depending. Gyuen att
S* Maries this 26*** day of ffebruary 1658 Josias ffendall
The Court adiomed by the Gouemo* till Mtmday 2 Qocke after-
noone.
Cap* Thomas Comewalleys demandeth Attatchm* agst the Estate Comwalcys
of Cap* Will- Mitchell for looo* Tob. Estat?"*^"'"
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234 Provincial Court Proceedings, 1658.
Liber Writt to the SheriflFe of S* Maries County to attatch &c : Ret next
P. C. R. Prouinciall Court.
mrk Cattle Thomas Gerard Esq"" Recordeth his marke for Bramley howse
of Cattle & hoggs (contrary to the mark of S* Clem^ Manno') Viz
ffowre de Luce on the Right eare, & imderkeeld on the left eare.
AUso he recordeth his marke for Basford Manno' (Viz) Cropd'
on both eares.
February 28 Mimday 28*** of flFebruary
p. 191 p^^e
Josias ffendall Esq^ Gou' M' Rob* Clearke M' Baker Brooke
Philip Caluert Esq' Seer. M' Job Chandler M'EdwrLloydc
Cap* Will" Stone D' Luke Barber
Comewaleys Vnto the pifs Bill of Complaynt in Chancery. The Defts putt in
jmd^vcrzec ^^^*^ Answers according as is demand in the s** Bill.
Vid. the To the hon"* Josias ffendall Gouemo' of Maryland. The answerc
^TofSs ^^ J^*^ Chandler to the Complaynt of Cap* Thomas Comewaleys in
Chancery. Humbly Sheweth That whereas he Sa3rth That uppon a
Tract of Land w^** Co* Yardley tooke up att Portoback, & his seating
negros uppon itt Caused him to giue Creditt to the s^ Co* Yardley &
one Nathaniel Batt, w** was as the deft hath heard, for noe more
then a Watch of small price & ualue. In answere to the aboues**
'^remises the deft sa3rth, That the Cred*" should haue done well to
auc made better Inquisition into his Deb" Creditt : flFor the Estate
7^^ the Cred*^ w*** the Land, Sayth caused him to trust him, or them,
lid solely & properly belong unto his Mother in Law, M" Sarah
fardley, being purchased by her Estate, & the s^ Co* Yardley by a
Jill under his hand to his s** mother in Law before his marriage,
i^as not to haue any claime or interest in, during her life. And
irhere the pif Sa3rth That after an Attatchm* was serued That the
left did by his instigaon stop the proceedings of the Attatchm*.
The w*^** the deft utterly denyeth, being att th* time att Annarundell,
i came not from thence in seauen or eight weeks after. And th*
here were Two other Attatchm** att the same time serued, as this
)epon* will make appeare : And th* if the Attorney of the Complayn*
lad bene as caref ull of his Interest, as they to whom the other Two
^.ttatchm** were graunted, hee knoweth not butt hee had had satis-
action as well as they allthough to the best of this Defend** know-
edge, the Attatchm** were graunted about Three weekes after the
decease of the s^ Co* Yardley, w*^** hee supposeth illegall. The order
lauing past agst the s^ Co* Yardley long before in his life time.
Vnd as Concerning his second Attatchm*, graunted unto his Attorney
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Provincial Court Proceedings, 1658. 235
by the Seauerae men, w** was for a Tweluemonth & a day, The w** Liber
Estate was not remoued after the seruing. But their Officer came ^- ^- ^
to this Defend^ howse, w*** one Cap* Goulding, profering the s**
Goulding & this DefendS th* if they would bayle the AttatchmS th*
then what was attatched should not be remoued (the Limitaon of the
fores** Attatchm' considered) The s** Goulding & this Defend* did
giue Bond for securing the Estate, But th* to the best of this defend**
remembrance the Estate attatched was not remoued imtill a yearc & p. 192
six months after the date of the attatchm* w^** was for a yeare & a
day. And th* when the Estate was conueyed away by Co** Sidney
out of the Prouince, it was not done w*** any his consent
Job Chandler.
To the hon** the Gou' & Chancello' & Councell &c :
The answere of Symon Ouerzee to a Bill of Complaynt prefowed
by Cap* Thomas Comewaleys in Chancery.
1. Whereas Cap* Tho : Comewaleys hath complayned agst Symon
Ouerzee That hee was ayding & assisting to the exportaon of the
Estate of Co** Yardley attatchd' att the suite of the s** Cap* Come-
waleys for a Debt w*^** the s^ Ouerzee knew to be due to the s** Come-
waleys, w** he utterly denyeth.
2. That the s** Ouerzee did some time past hyre a Sloope to M"
Yardley by Charter party, & shee was to Victuall & man the s**
Sloope & pretended itt was to fetch her Crop from Portoback for 906*
Tob. And the s** Ouerzee deliuered the s** Sloope att Lynne-hauen
where shee putt in for Master to obserue her Order Co** John Sidney
w*** Two other Seamen (Viz) Thomas Kedger & Thomas Haruey, if
any more he remembers them not.
3. They went to Portoback. What Lading they tooke in hee did
not know. But being dryuen hither by distresse of weather, putt
in here att S* Maries att the s** Ouerzees howse. Where they tarryed
about fine or six dayes, the s** Ouerzee all th* time being absent, &
Cap* Comewaleys att his ownc howse att the Crosse, And whither
Cap* Comewaleys had notice thereof he knows not, but might if he
would. The s** Ouerzee comming home f oimd the Sloope still Riding
before his Landing, & Co** Sidney then a shoare att his howse. And
being asked what hee had in the Sloope ? the s** Co** answered hee had
Come, Tob & Negroes. But whither he had any Prouision here, hee
cannot say : because hee did not know that hee needed any. And the
next day the wind being f ayre the Co** returned to Virginia : and att
Lynne-hauen the s** Ouerzee receaued his Sloope by his Attomey
according to Charter, & satisfaction to his content.
4. Lastly to the Cap** Complaynt th* the s** Ouerzee hath receiued
any Gwift of the s** M" Yardley to inrich him to the preiudice of the
s^ Cap* The s** Ouerzee doth posituely deny, as utterly false & untrue.
Symon Ouerzee
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236 Provincial Court Proceedings, 1658.
Liber Thomas Haruey Sworae in open Court Sayth th* M" Yardley
P. C R. hyred the Sloope of M*^ Ouerzee att Lynne-hauen to make a uoyage
for Maryland. And told this Depon* that hee was in her seruice till
he came downe againe. And comming up to Maryland hee knew
nothing of the transporting the negros till Co** Sidney tooke them in.
Hee imagined they were only to carry downe Tob & Come. And
comming downe Patowmeck they putt in into S* Georges Ryuer
riding in the Riuer 4 or 5 dayes, & th* they had some Victualls att
M*^ Ouerzees but M" Ouerzee gaue it to them. And arryuing att
Lynne Hauen the Sloope was deliuered to M*^ Ouerzees Attorney
there; & th* M" Yardley payd M'^ Ouerzee this Depon** hyre & M'
Ouerzee himselfe was to pay him.
p. 193 To the hon^** Josias flFendall Esq*" Gouemo*' & Chancello*" of Mary-
land, & the Councell of State
The Reply of Thomas Comewalleys to the answers of Job Chand-
ler & Symon Ouerzee to a Bill of Complaint exhibited in Chancery
agst the s** Parties by the s** Tho : Comewaleys Humbly Sheweth
That both the s^ Answers are imperfect & little to the purpose of
the Charge alleaged agst them in the Bill. Only the s^ Chandler al-
leageth th* the Consideraon mentioned in the Bill guyen for the s^
Debt was only a small watch of little ualue. The Complayn* sayth &
will be deposed was a watch w*** an allanmi th* went aboue 24 howers,
w*** the day of the month, & cost him w*** the Syluer Case 17* Stcrl.
& Twenty Shillings payd downe in money. And whereas the s^
Chandler sayth th* the Estate & Land did solely & properly belong to
M" Sara Yardley, being purchased by her Estate ; the s^ Q)* Yardley
being bownd afore marriage, not to meddle w*** the same during her
life. W** Bond after Marriage was of noe Validity, nor the s^
Estate nor Land commonly knowne or reputed during the s** Co*
Yardleys life, for other then his, nor did shee euer endeauo*^ by such
claime during her life to deare the s^ Land or Estate by Law from
his iust Debts w*Mn this prouince. But priuately & surreptitiously
by the ayde & assistance of the defend** conueyed out of this Prou-
ince, To w** Charge in the Complayn** Bill there is noe answerc
gyuen by the s^ Chandler. And the s** Ouerzee confesseth to haue
lett his Sloope for 900* Tob by Charter part, W** the Complayn*
prayeth may be produced : but ne3rther answereth how, where, nor in
what the s** Tob was payd, nor by whom, nor who payed the man th*
Sayled in her, w^ some other particulars charged in the s** Bill,
whereby the Truth may appeare, th* the s^ Sloope was fraudulently
hyred & nothing payd. Wherefore the Complayn* humbly prayeth
th* both the s** Answers may bee amended & each particular Clause
in the s** Bill fully answered as it ought, & hee shall pray &c
Ordered that sometime before the end of this Court they putt in
their Answers to the s^ Reply.
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Provincial Court Proceedings, 1658. 237
It is Ordered by the Gouemo* & Councell Thatt all Bills & libcr
ffines w** were taken att Seauerne, or other where, during the late p^* J^j^^
Troubles by the then Pretenders to the Gouerm* of this Prouince "late
(Except for Victualls, & SheriflFs & Clerks flfees) shall be deliuered troubles"
up att the next Prouinciall Court in whose hands soeuer they are.
The plf preferreth his Pet" by w*^** he claymeth an Extent agst Robert Cole
the Land of M*^ James Neale according to an Order of Court B,.5Scm^^""*
formerly obteyned agst the s^ Land by M*^ Beniamin Gill for 16000*
Tob & Cask or thereabouts, being payd by the s^ Gill, for the use
of his Sonne in Law M*^ James Neale. And the plf being Ad-
mistrato*^ of the s^ Gills Estate, claymeth the Benefitt of th* Order
of Court, to the end hee may be in a Capacity to receaue the Tob
due from the s^ Neale unto the deceased Gill or his heyres. In P* i94
answere to w^** the deft sayth th* he had reason to pretend att least,
tytle to M*^ Neales Land by uertue of th* Extent & order, whillst
his Ires of Admistraon of M*^ Gills Estate were in force, w** hee
supposeth now to be Vacated ff or M' James Neale hauing sent in a
letter, & letter of Attorney allso w^ Two Duplicates of the same,
all of one tenure & date this yeare unto the deft (w*^** hee produceth
& sheweth in Court) desyres according to the s** Letter of Attorney
th* hee may bee possest w*^ the s** Estates, & th* the Pet" letters of
Admistraon be now recalled, gyuing an Account (by uertue of his s^
lettres) of his s^ Admistraon unto the deft.
M*" William Bretton
Louing flFreind it is now some yeares since I writt to yo", first for
want of conueyance. Secondly for th* I had noe p*ticular busines to
trouble yo" w*** all. The aryuall of this ship here,, hath brought me
newes by the Relaon of the passengers th* my Wifes ffather M*^
Beniamin Gill is dead, att w** I am heartily sorry. God rest his
Soule in peace. S** my earnest desyre to yo" is th* yo" will please to
doe me the freindly fauo*" w^ the assistance of Henry Raynor, or
John Thimbleby or M*^ Wade, for to seeke to recouer what may bee
of his Estate, as allso my Land, & recouer satisfaction of Nathaniel
Pope for the six fowling peices, & the Cattle & Seruants I left w***
him, & ioyne alltogether & preserue it in the best manner th* may bee,
for my use, or the use of my Wife & Children & lett not any thing
be sould or deminished till further Order from mee. And please to
aduise mee by all opportunities what is done in the business. My
intent is to come ouer to yo" soe soone as I hearc from yo" how
busines stands. Any letters yo" write to mee direct them to be left
^th ^r Nicholas Warren merchant in London, or w^ M*^ John Parker
in London. And if yo" write by way of Amsterdam direct to be left
w^ M*^ Jan de Vogelaer or Conrad Kleneke merchants & any of these
merchants will send yo*" letters to mee, & pray write 3 or 4 Ires of
one tenure, th* if one be lost, another may come safe. I heare th*
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238 Provincial Court Proceedings, 1658.
Libar Robin Cole hath layd some claime to my ff athers & my Estate, w^ I
conceiue hee did, supposing I & my Wife had bene dead. But god be
praysed wee are both aliue, & in health, & haue Three Children
lyuing ; Soe hee now may excuse the dayming any thing & deliuer all
ouer to yo" for my use. Pray remember my loue to M*^ Thomas
Garrett & his Wife, & all the rest of my ould ffreinds there. Thus
not more, but my kind loue to yo", desyring not to fayle, but to use
all dilligence in tihis busines. I take leaue & rest
Yo* assured f reind to serue yo"
August 2^ 1658. James Neale
I Hue Seauenty Leagues from this place, soe my Wife writes not,
shee not being here, But the first opportunity after I gett home, I
will send yo" a letter from her
J.N.
p. 195 Bee it knowne unto all men by these p*nts th* I James Neale Gent"
haue made & ordeyned, constituted, authorized, deputed, & app03rnted
& doe by these p*nts make ordeine, constitute, depute & appoynt my
Wellbeloued flFreinds William Britton Gent°, John Thimblebe, John
Wade, & Henry Raynor to bee my true & lawfull Attorneys, flFor
mee & in my name steade & place, & in the name of my Welbeloued
Wife Ann Neale & in the name of my Children Ann, James &
Dorothy Neale, to ask demand, Leuy, recouer and receaue full &
intire posses" of th* Manno*" or parceU of Land, w** is rightly mine
deryued by Patent from the Right hon"* Cecilius Caluert Lord
Baltemore, Lord Proprietary of the s** Prouince of Maryland knowne
by the name of ^Yolleston Manno^ As allso full power & authority
to recouer of Nathaniel Pope satisfaction for all such goods, cattle &
seruants, as I left in trust w*^ him, att my departure from Maryland.
And allsoe doe hereby giue full power & authority to my s** Attorneys
for to recouer all such Lands, goods & Chatties, as were left by M'
Beniamin Gill, father to my Wife & bequeathed to mee James Neale,
or unto my Wife or our Children or unto any one of us, as may
appeare by the last Will & Testam* of the s^ M*^ Beniamin Gill de-
ceased, Gyuing & hereby graunting unto my s** Attorneys, or any
Two of them, full power & authority for to sue, arrest, condeme,
imprison, & impleade, any p*son or p*sons whatsoeu*" in posses" of
the s^ Estates, or any part of them, whither possessed by admistradn
or as flFeoffees in trust, or by any other power whatsoeu*. And after
recouery of the s** goods, lands, or cattle for me & in my name, or in
the name of my Wife & Children, or any one of us, to giue acquit-
tance or acquittances, or any other lawfull discharge, Ratif)ring,
confirming, affirming & allowing of any lawfull Act or thing my s**
Attorneys, or any Two of them shall doe for the Recouery of the s^
goods Lands & chatties. They not disposing otherwise of them,
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ProzHncial Court Proceedings, 1658. 239
then is expressed in this letter of Attorney, That is to say, The Cattle Ubcr
for to putt them to bee carefully preserued & kept by them selues, or ^' ^- ^
any others gyuing a third part of the encrease for the s** preseruaon :
or paying other satisfaction according to the Custome of the Country.
And the Land to Rent it out for some small tearme of time, as Two
or Three yeares. The Tennant th* takes it being obliged to pay the
cheife Rent to the L** Proprietary, or his Minister to th* effect. And
for the Rent allready due my s^ Attorneys may sell such part of the
cattle or other goods as may amoimt to pay the L** Prop* for the s^
Cheife Rent, And in Confirmaon of all afore conteyned in this Ire
of Attorney & order I haue hereunto sett my hand & Seale the 2^ day
of August Ano 1658.
Sealed & Signed in the p*nce of Vs James Neale Se X ale.
Henry Meese
Henry Pamell
Sam : Hart
W*** Letter, & letter of Attorney being read in Court, the pii P- ^9^
replyeth th* it is not of any Validity, it not being signed & attested
by a swome & publick Notary.
But the Judgm* of the Court is th* the letter of Attorney ought to
bee allowed Both the Gouemo* & some of the Coimcell, & others
allso p^nt partly knowing the hands of those who are wittnesses to
the s^ letter of Attorney, Easpecially M' Meese, & D*" Pamall : And
the hand likewise of James Neale who writt the s** letter of Attorney
by some being partly knowne allso; & for seuerall other probable
causes. Ordered th* the s^ Rob* Cole pif surrender his letters of
admistraon & th' M*^ Bretton deft, by uertue of his s^ Ire of Attorney
be admitted the Attorney of the s** M*^ James Neale.
Extent. Cecilius &c : To the Sheriffe of S* Maries Coimty Greet- Stone v.
ing. Wee Command yo«, th* by the oathes of Twelue good & lawfull ]^{2"'*
men of yo*^ Coimty, yo" cause to be extended & appraysed the Manno*^
of Westbury, w^*" Will" Stone Esq*^ att Our Prouinciall Court held
the 4*** day of March 1653 ^ttt S* Maries recouered agst Marke
Pheypo, the Attorney of John Hansford, Admistrato' of Thomas
Weston Deceased, in satisfaction of a Debt of 21606* Tob & Cask.
And the Extent & Appraysm* w*^** yo" shall thereon make cause to
be signifyed to Our Prouinciall Court to be held the 20*** day Aprill
next, Vnder thy Seale, & the Scales of them by whose Oathes the s^
Inquisition thou shallt make, & haue thou there this writt. Gyuen att
S* Maries this 28^ day of ffebruary 1658. Wittnes our Trusty &
Wellbeloued Josias ffendall Esq*^ Our Leiuten* &c :
Josias ffendall
The Court adiomed by the Gouemo* till to morrow morning.
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240 Provincial Court Proceedings, 1658.
Liber Twesday p** March.
Mardi i Pnt«
Josias ffendall Esq*^ Gou*^ M*" Robert Clearke M*^ Bak : Brooke
Philip Caluert Esq*^ Seer. M*^ Job Chandler M*^ Edw : Lloyd.
Cap* William Stone D*^ Luke Barber
Proprietary war* to the SheriflFe of S* Maries County to bring Harbert Mate
V. Harbert ^^ ^ap* Rich : Hobbs & allso the Passengers now in the Sloope w***
him before the Gou* & Councell w%ut delay. To make answere to
what shall be demanded on the behalfe of the L^ Prop*.
Who appearing in Court, & being charged for th* the Passengers
went up & downe complayning for want of prouision & uictualls,
yett the Gou*^ being satisfyed in th*, the s^ Harbert had sufficient
prouisions in his Sloope & gaue sufficient allowance to the Passengers,
as hee alleageth. Hee is dismissed.
To the hon"* Court &c:
Hampstead The humble Pet" of Will*" Hampsted Sheweth That whereas M'
^ ^^W ^y^^^ Ouerzee standeth indebted to yo*^ Pet*^ one Cow & a Calfe, w^**
should haue bene deliuered to him uppon his Plantaon att S* Maries
5 yeares agoe, & are not yett payd, being much damnifyed in the
losse of their encrease, & the want of the milk for his sustenance,
W** Cattle he hath often demanded of M*^ Ouerzee, But hee hath not
yett taken any Course to satisfy the same, allso yo*^ Pef^ sheweth th*
M*^ Ouerzee standeth indebted to him 100* Tob for a barrell of Come
bought of M*^ Land for the s^ M*^ Ouerzees use, for w*^** he craueth
order, & allsoe dammage for his encrease of his Cattle & want of the
milk &c :
The deft requesteth th* the pif proue what is alleaged in his Pet".
Who thereuppon produced these Depos"" or testimoneis
Adam Christian aged 28 yeares or thereabouts swome & exam-
ined this 20*** January 1658 Sa3rth That during his time of Seruice
w*^ M*^ Ouerzee, Will" Hampstead demanded of the s** Ouerzee
Cattle due from him to the s** Hampsted & M*^ Ouerzee promised the
s** Hampsted to deliuer him his Cattle here att S* Maries, soe soone
as his Sloope came up againe from Virginia & further Sayth not.
Jurat Cora" me Will" Bretton.
Thomas Kemp Examined att the request of William Hampsted
this 7^ day of ffebruary 1658 Sayth, That att Linne Hauen in
Virginia there was a Cow & a Cow calfe made choyce of for M'
Hampsteds use by M' Richardson, W** Cow is since dead. Yett
before th' shee dyed, shee had another Cow calfe w** calfe M*^ Ouer-
zee marked, but what is since become of th* calfe, he cannot tell.
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Provincial Court Proceedings, 1658. 241
To the first Cow calfe he sa3rth th* M*^ Ouerzee told him, how th* Liber
one John Stratton hath since layd claime to : affirming th* the marke ^- ^' ^
was his marke
Examined by me Will" Bretton.
The Depos" of Edward Good aged 25 yeares or thereabouts, Sayth
That in this Depon^ hearing Will" Hampsted demanded of M*^
Ouerzee Two Cowes & Two Calfes, W** hee promised to deliuer to
him att the next retume of the Sloope, in S* Georges Riuer, & this
was 5 yeares agoe come next Spring & further sayth not.
Swome & Examined before me Rob* Taylor.
And the deft produceth a Receipt for one Cow payd for the plfs
use in Virginia & alleageth how th* hee payd another Cow to the ptf
himself e, out of his owne pen here in Maryland.
Receaued of Symon Ouerzee by my Attorney in Lin-hauen M*" p. 198
Richard Richardson one Cow w*** her encrease as wittnes my hand
this 19 feb. 1655. William Hampsted
Test, William Eale Theophilus Rogers.
M*^ Nicholas Yowng informes the Court th* in his presence that
calfe was marked of M*^ Ouerzees marke, w** was made choyce of by
M*^ Richardson for the pifs use. But hauing notice thereof M*^
Ouerzee caused it to bee marked againe of another marke, but
remembreth not what the marke was.
The Court see noe Cause of Accon, & thereuppon nonsuite is
graunted agst the plf on behalf e of the deft.
Vppon the pKs writt of Scire facias for Three hund** pownds of ^hn
Tob, besides Two hund** pownds of Tob charges, & costs of suite ouer ^Jm^ ^'
& aboue the s^ Two hund^ pownds of Tob, w*^** the plf obteyned agst Edwin
the deft Att a Court held att Patux* the 17*** of flFeb 1657, as by the s**
Order more att large appeareth. The deft appeares & alleageth th*
hee hath payd Two hund^ & fiueteene pownds of Tob, to Cap* Will"
Stone in satisfaction of that Debt, W*^** not appearing to the Court,
th* it was payd in behalfe of the plf, & for th* peculiar Debt; & the
Deft not able to make further proofe
It is Ordered th* the deft pay unto the plf according to the writt, &
Order of Court (Viz) Three hund** pownds of Tob. principall,
besides Two hund^ pownds of Tob for dammages, w*** Costs of suite
The ptf produceth the defts Bill for looo* Tob. The ptft denyeth Capt
this to bee his Act & deed. But denyeth not th* he hath a Bill out to ^J^^j
one Catchmay (to whom allso this Bill of 1000* Tob. is made and v. Richard
signed) of about serf Tob. yett sayth this is not his bill here produced Sheppcy
& further th* hee oweth noe such summe.
16
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242 Provincial Court Proceedings, 1658.
Liber Cap* Nicholas Gwyther Sa3rth uppon oath, th* the last yearc com-
P. C R. niing to New Towne, att the request of Cap* Comewaleys under-
standing th* Richard Sheppey lyued att Rob* Coles (his kinsman by
marriage) Hee told the s** Rob* Cole, th* Rich : Sheppey was indebted
to Cap* Comewaleys in the summe of 1000* Tob. & if soe bee hee
would come to Cap* Comewaleys & take some course w*^ him about
it, & pay it, hee wotild f orbeare him till next yeare ; not speaking to
Rich : Sheppey att all, & Rob* Cole promised this Depon* to goe downe
to the s^ Cap* Comewaleys about it.
John Abington Sayth, That hee demanded 1006* Tob. of Richard
P- '99 Sheppey for his Master Thomas Comewaleys, To w** the s^ Sheppey
answered, th* he had noe Tob att the p*nt, but was in suite for some
w** he hoped to recouer, & th* if the s^ Thomas Comewaleys would
forbeare sueing of him, hee would pay him one hogshead of Tob
this yeare, & it might bee Two, & the next yeare the rest, But if he
did sue him, he would pay him none, or words to this effect
And the plf demanding of the deft how this Bill came to be signed
w*** his name?
To w^** he sayth th* the s** Catchmay tooke him into the woods &
threatned him to knock out his braynes if hee did not putt his hand
to a paper or Bill, w** hee did, & further th* hee knoweth not what
was in th* paper or Bill soe signed by him, neyther whither this bee
the paper or Bill hee sigfned.
Respited till tomorrow moming.
Abraham- Know all men by these p*nts th* I flFrances Abramson the Admis-
Adiiiinx!^v ^^^^'^^ ^^ ^X husband Comelius Abramson doe constitute & appoynt
BUnkhouse my louing freind James Veitch my true & lawfuU Attomey to
demand, aske and receiue, & uppon denyall to arrest sue, implead &
imprisone all or any such p*sons as is engaged to mee as admistrato*
of my s^ husband, & what my s** Attomey shall doe, I doe hereby
ratify & confirme, as if I were p*sonally present. In wittnes whereof
I haue hereunto sett my hand this 29**" Nouemb*^ 1658
Test, ffrances f. Abramson
ffrancis Armestrong
Thomas T Browne.
To the hon^** the Gouerno* & Councell &c:
The humble Pet" of ffrances Abrahamson, Admistratrix &c:
Sheweth That yo' Pet" husband sold a Plantaon to Rob* Blinkhome
for 6000* Tob. (Viz) 3000* payable in Nouemb*^ 57, & 3000* payable
in Nouembr 58, for w^^ shee humbly prayeth an Order of this hon"*
Court, w*** Charges of suite & shee shall pray &c :
Know all men by these p^nts That Wee Comelius Abramson &
Rob* Blinkhome haue Couenanted & agreed betwixt us this 20*** of
Aprill 1657.
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Provincial Court Proceedings, i6s8. 243
Imp*^ It is agreed th* I Cornelius haue sold unto the af ores** Rob* Liber
Blinkhome my Plantaon in Leonards Creek, w*** the howses & ^-^-^
edifices thereon erected & built & to the quantity of 300 Acres of
Land belonging to it, as it was surueyed.
2. Likewise it is agreed th* what the Carpenters was to doe to the
howses for Cornelius, they are to performe for the s** Blinkhome in
finishing of them.
3 What Apple Trees th* are now uppon the Plantaon, they are to p. 200
remayne there : only some of them, th* Cornelius hath a mind to, hee
may haue.
4 Cornelius to stay in the howse till the first of Aprill next.
In Consideraon hereof the s** Rob* Blinkhome or his assignes is to
pay imto Cornelius Abramson, or his Assignes the summe of Three
Thowsand pownds of good Tob & Cask the Tenth of Nouemb*^
next, & Three Thowsand pownds of good Tob & Cask the Tenth of
Nouemb*^ in the yeare 1658, as wittnes o* hands the day & yeare aboue
mentioned. The Tobacco to be payd in Leonards Creek.
Wittnes Cornelius Abramson
Mich : Brooke. Robert Blinkhome
Vppon the Pet" & demand of the plf (p* Attorat. James Veitch)
for 6000* Tob & Cask.
The deft sayth th* hee hath payd to the plf allready 2300* Tob.
& cask in part, of that Debt : & further th* hee came to an agreem*
w*** the plf for the remainder.
It is Ordered th* the deft satisfy unto the plf, the full stmime of
Tob, mentioned in the Agreem* w** is six Thowsand pownds of Tob
& Cask, But what Tob. the deft can make appeare to be allready payd
by him tmto the pli in consideraon of the s^ agrem*, bee deducted out
of the s^ summe. And further th* the pK make her rights appeare, in
the Secretaries Office, for the Land sold to the deft according to the
AgreemS & sue out her Patent for the same, & deliuer it to the deft,
paying the Charge thereof. And the deft to pay Costs of Suite
Exeq" issued Vid fol. 230
Writt to the SheriflFe to impanell a Jury of Twelue men. Attorney
Sheriffe Retumeth his writt & wamed S^H**^ \
Holt et al.
M' Thomas Righould Will" Hewes John Hamilton
Robert Kedger Thomas Kedger Thomas Belcher
Nicholas Yowng James Veitch Rob* Blinkhome
Daniel Clocker Thomas Sowth Hugh Benin.
Was Called afore the Board & to the Barre, Rob* Holt, & Will"
Wilkinson Clarke, His L^* Attomey accusing them both of ffelony,
& prefers this Presentm* on the behalfe of the L** Prop*.
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244
Provincial Court Proceedings, 1658.
Liber Presenting The Jury doth present th* Robert Holt of Greens
P. C R- Poynt in S* Georges hund*' in the G>unty of S* Maries Cooper, on
the 28*** day of January last, att the howse of Will" Wilkinson in S*
Georges hund** in the County afores** Qerk not hauing the feare of
god before his eyes, did marry Christian Bonne feild (Dorothy Holt
his lawfull Wife being lyuing) Contrary to the forme of the Statute
in th* Case prouided, And agst the peace of the Lord Prop' his
Rule & Gouerm*.
P-20I Likewise the Jury doth present That Will" Wilkinson of S*
Georges hund** in the Cotmty of S* Maries Qerk was accessary afore
the flFact in the f ellonious contryuing & Counselling the s^ marriage,
& allso in ioyning the s^ parties in marriage, after hee had diuorced
the s^ Robert Holt & Dorothy his Wife agst the peace of his L^ his
Rule & Gouerm* as afores**. After the Presentm* was read. The
Prisoners alleage th* this Jury is a uery weake Jury, to goe uppon soe
weighty a busines, (they being soe nearely concemd therein) as life
& death, And there being few others p^t in Court but what are
Catholikes, w^ The prisoners afore requested might not be warned
on their Jury, desyring that a Protestant Jury might passe on them,
& w^ the Gouemo* consented unto, as most reasonable.
It is Ordered th* the Sheriffe take sufficient Bayle of Rob* Holt for
his appearance att the next Prouinciall Court, And the Gou^emo'
himselfe assumed to bee M"^ W" Wilkinson's Bayle
Orerzec v. To the hon"* the Gouemo* & Councell &c :
The humble Pet* of Symon Ouerzee Sheweth Whereas Cap*
Thomas Comewaleys is indebted to yo* Pet* 3376* Tob & Cask for
goods ddiuered by his Store-keeper uppon a note of Creditt sent
by the s^ Cap* dat, Decemb^ 5*^ 1657, yo* Pet* therfore humbly
prayeth an order for the s** Debt, & damages susteyned for want of
the Tob to compleate his freight, w*** charges of suite. And he shall
pray &c :
To w*^ demand & Pef* of the pJf , The deft sayth, th* he sent his
Vid. foL noate (uppon request) for certaine goods mentioned in his noate, &
^^ to a certaine summe. And how th* the Debt ought to haue been de-
manded of the party to whom the s^ goods were deliuered. And th*
hee assumed to pay soe far, as his noate of Creditt extended, & is not
obliged to pay further.
This Cause is putt a Jury war* to the Sheriffe for Jury.
Sheriffe Retumes his writt & warned
flforeman
M*^ Thomas Hinson,
M' James Lindsey,
M'Tho:Ringhould,
M' James Langworth
M"^ Henry Adams, M'^ Philip Land
M"^ Tho : Belcher, Cap* Sampson Waring
M' Richard Willan M^ Tho : Sowth
M"^ William Boreman M"" James Veitch
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Provincial Court Proceedings, 1658. 245
The Jury agreeing Retumes their Verdit (Viz) ffownd for the ptf liber
Two Thowsand one hiind** & Twenty pownds of Tob. & Cask w*** ^* ^' ^
Costs of suite. The Remaynd* of the demand the ptf is left to
recou* of the principall Credito* to whom the goods were deliuered &
receiued.
His LP" Attorney chargeth M*^ Symon Ouerzee w*^ Thef tboate & Attorney
requesteth of the Board, th* the s^ Ouerzee bee brought to a Tryall o^^'''
for the same Vid. fol. asa
Daniel Clocker sayth uppon Oath in open Court How th* coming
ouer from Virginia to his owne howse, M' Land came to him, & p. 202
told him, th* hee f ownd M*^ Ouerzee more moderate then hee was.
And desyred him to goe to Ouerzee himselfe, & trye if hee could
take up the busines concerning his Wife, And comming to M*^ Ouer-
zee, & relating the busines att large of his Wife, M*^ Ouerzee told this
Depon* (bringing out a List of his goods ualued by himselfe att 5000*
Tob) th* hee was much damnifyed. This Depon* profered him first
1000* Tob, Yett att last they both agreed for 3006* Tob. to the intent
hee might bring of his Wife, & th* shee might bee assured of her
life, w^ hee promised to doe. And to th* intent M' Ouerzee receaued
Bills, & some small accounts (euen according to his owne reckoning)
of this Depon* to the ualue of 3000* Tob. And since th* the busines
is come to a full tryall, & nothing effected by M*^ Ouerzee according
to his Condicon & promise w**" this Depon', hee Demanded of M*^
Ouerzee his Bills back againe & M*^ Ouerzee refused soe to doe,
sa)ring he would giue him none. M*^ Philip Land swome Sayth th*
being w*** M*^ Ouerzee, the s^ M*^ Ouerzee told this Depon', That hee
would be contented to stand to some losse, prouided hee might haue
his goods againe : & uppon th* consideraon hee was willing, & would
be contented to f orf eite his Recogniz it being but a Thowsand pownds
of Tob. Whereuppon this Depon* went the next day to Goodman
Qockers, & told him the s** Qocker th* if hee would goe to M*^ Ouer-
zee, hee beleiued th* hee might easily now compownd the busines w^
him, & not bring his Wife uppon the stage. flFor M*^ Ourzee did not
desyre to prosequute, soe hee might haue his goods againe, though
w*** some losse, & this Depon* accompanied the s** Qocker from his
howse towards M*^ Ouerzee's as far as the White howse (S* Thom-
as's) & further sayth not.
M*^ Ourzee denyeth what hee is charged w***, & sayth th* the Bills
hee receaued of Daniel Clocker, were receaued by him uppon another
account, & not uppon any such account, as is alleaged. Desyring the
Court to understand th* what informaon the s** Clocker hath gyiien
or made agst him, in this busines, to haue suggested the same to
an ill intent out of meere malice & spleene.
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Abrahall
p. 203
246 Provincial Court Proceedings, 1658.
Liber The Judgm* of the Court is, That they see or find noe malice in the
P.CR. deliuery of this busines, & therefore the testimony of him the s^
Qocker is good & ought to bee soe taken, & accepted.
Respited till next Prouinciall Court
Henry The plf producing his Bill in Chancery agst the deft Touching a
Norton ^ jg ordered th* this Cause be remanded to the next Coimty Court,
in Caluert County (the Commis** in th* County hauing formerly
bene knowing in this suite) to be there heard & determined.
Ovcrzw V. This Bill bindeth me Richard Abrall my heyres Executo" & ad-
mistrato" to pay or cause to be payd unto Symon Ouerzee or his
Assignes the summe of Twenty Three Thowsand one hund** Eighty
& f owre pownds of Tob & Cask w^** Tob proceeds by Two Bills due
to the s^ Ouerzee the last yeare of Two Thowsand One himd** &
ninety pownds of Tob in Cask & for a man seruant now bought of
him & for one himd** bushells of salt deliuered to mee & Three thow-
sand pownds of drye Ginger amounted to the fores** summe of
Twenty Three Thowsand one himd** Eighty & f owre pownds of Tob
& Cask payable uppon all demands. And for the true p*f ormance
of the aboue paym* I doe & haue by these p*nts deliuer, & doe putt
into the posses" of the s** Symon Ouerzee all my Crop now hanging
& allready struck in Cask. Hee the s^ Ouerzee gyuing mee a iust
accotmt of the weight. Allso I doe bind ouer to him all my hows-
holdstuffe & moueables (none excepted) easpecially all those ex-
pressed in an Inuentory bearing date w*^ these p*nts. In wittnes
hereof I haue hereimto sett my hand the 7*^ of Noueml/ 1656.
Richard Abrahall
Wittnes Peter Malbone Nicholas Yowng
June 3^ 1657
Acknowledged in Court by mee Will" Edwards on the behalfe
of M*^ Richard Abrahall the s^ Edwards being impowred to acknow-
ledge the same in March Court last, but the Court was then adiomed
Jime 20*^ 1657. Tho : Brereton.
Recorded in the Records for the Quarter Court att James Citty
Endorsed 10*'' feb. 1657. Tho : Brereton.
Receaued uppon this Bill thee siunme of Tenne Thowsand pownds
of Tob. & Cask by mee Symon Ouerzee
Whereas Symon Ouerzee hath produced in Court the Bill or
specialty of Richard Abrahall for 23194* Tob. & Cask. W^ s^
Abrahall being fled out of this Prouince, & his Estate under At-
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Provincial Court Proceedings, 1658. 247
tatchm^ euer since the 26*** day of July last, att the request of the s^ Liber
Ouerzee for 14006* Tob. ViSSt 72
It is Ordered th* the s^ Ouerzee (the s** Abrahall being fled out of
the prouince & noe Attorney appearing in his behalfe to make
answere to the s** demand) shall haue out of the Estate soe attatched
ffowrteene Thowsand pownds of Tob. as is demanded.
Know all men by these p^nts th* I Will" Mitchell haue constituted Stone v.
authorized & appoynted Cap* Will" Stone my true & lawf ull Attorney ^""^nan
to arrest impleade & prosequute Will" Boareman Plant*" for a Debt
from him to mee due by specialty. And to impower constitute, or-
daine & make one or more Attorney or Attorneys if hee shall thinkc
fitt, hereby ratifying & confirming whatsoeu* my s** Attorney shall p. 204
doe in the premises as fully to all intents & purposes, as if the same
had bene done by my selfe. In wittnes whereof I haue hereunto sett
my hand and Seale this 29*^ day of January 1657
Will" Mitchell * Seale.
Sealed & deliu*d in the p*nce of
Thomas ff owkes Thomas Seamor
Whereas it appeareth to this Court th* Will" Boareman deft is
indebted to Cap* Will" Mitchell by Bill Two Thowsand one hund^
& Sixty pownds Tob & cask payable uppon demand, The s** Bill
bearing date 13*** of Octob^ 1656. And whereas Cap* Will" Stone
by uertue of a Ire of Attorney from the s** Mitchell hath sued the s^
Boreman for the whole debt, The s** Boareman produced this Receipt
for Eight himd** & fifty pownds of Tob allready satisfyed of th*
Debt. (Viz)
14*^ January 1658.
Receaued of Will" Boareman the siunme of six hund^ pownds of
Tob & cask, in part of a Bill now in Cap* Will" Stones hand from the
fores** Boareman to Cap* Will" Mitchell & one hogge att the price of
Two hund^ & fifty pownds of Tob. Will" Mitchell
Wittnesses Robert Thimbleby Will" W C. Qapon.
And for the Remaynder of the s^ Bill, being one Thowsand Three
hund** & Ten pownds, the s^ Boareman confesseth Judgm* for the
same, in open Court to Cap* Will" Stone Attorney of Cap* Will"
Mitchall as afores** & soe Ordered to bee payd.
The pif, by his Pet" demandeth Order for 1000* Tob agst the ^P*
deft, attatched in the hands of Thomas Mitchell There being much cornwaleys
more due unto him by sundry specialties under the defts hand, then y^.^P^
what is here attatched. Mit<£!S
The deft not appearing cjrther by himselfe or Attorney, And it
being proued in Court, That the Defts Attorney Cap* Thimbleby had
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248 Provincial Court Proceedings, 1658.
libcr notice gyuen him of this Attatchm* & demand. It is Ordered th*
Vid. fol'^ ^^^ P** ^^^^ Judgm* for the s** Thowsand pownds of Tob formerly
& 307 attatched in the hands of Thomas Mitchell (it being the Estate of
Cap* Will" Mitchell deft) according to his s^ Pet" & demand.
Gerard v. Memorandu" whereas Thomas Gerard Esq^ commenced suite agst
Vid. fol.' 123 M*^ Richard Willan, & M' James Lindsey concerning his interest to
supra & foL Snowhill. And Philip Caluert Esq*" concerned in th* suite (the busi-
^^ fol!^7o "^s being long time discussed) Appealing to his L**p. Their pleas &
allegaons are not here inserted (as it ought but are referred to an-
other place hereafter : By reason the busines being to be sent home
as af ores**, Both parties concemd bee p*nt att the drawing up thereof.
March 2 Pnt* Wednesday 2^ March,
p. 205
Josias ffendall Esq' Gou^ M' Rob* Clearke, M' Baker Brooke.
Philiu Caluert Esq' Sec'. D' Luke Barber, M' Edw. Lloyd.
Cap* Will" Stone,
To the hon"* the Gouemo' & Councell &c :
Hamilton, The humble Pet" of John Hamilton in behalfe of the Orphanes of
v^AVal^ Richard More Deceased. Humbly Sheweth That yo' Pet' being to
the s** Orphanes of the s** Richard More deceased Gwardia" & hauing
the stock of the s** Orphans in his posses" One Sampson Waring
Attorney for John Browne brought a specialty of the s** Mores into
Court. And obteyning Order uppon the same Serued an Exequuon
uppon Two of the s** Orphanes Cattle (yo' Pet' not knowing thereof)
to the great dammage of the s** Orphanes.
In tender consideraon whereof yo' Pet' humbly prayeth yo' hon'"
to reuoake the s** Order soe surreptitiously obteyned as afores**, &
Order th* the s** Waring restore the s** cattle to yo' Pet' & he shall
pray &c :
The plf not making appeare to the Court what is alleaged in his
Vid. fol. 215 Pet" & according to the Order the Last Court, not prouing th* the
^Exoan C^^l^ Executed, were att any time afore sett apart for the use of the
issued Orphanes as hee was obliged to doe It is Ordered th* the plf be
^^c^mIc^o "^"S"^*^^ & P^y charges of suite, amounting to Three hund^ & three-
March to score pownds of Tob.
the Sher. of
Cal. G>unty
Vid. fol. 224 To the hon**** the Gouemo' & Councell &c :
Land The humble Pet" of Ismael Wright Sheweth Whereas yo' Pet'
entred uppon a Plantaon by Vertue of an Extent uppon the s^
Plantaon for Rent due to the Lord Prop' by Articles from his L^"
Attorney grail the last of Octob' 1653, w^ promise of a Lease to bee
graunted by the s** Attorney, w*^** was neuer p^formed. But by
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Provincial Court Proceedings, 1658. 249
Order of Court yo*" Pet*^ was outed by the Sheriffe, & to his great Liber
preiudice forced to accept a new T)rtle from M' Edward Lloyd of the ^- ^* ^•
s** Land purchased by him from Thomas Greene, who had marryed
the Widow of Nicholas Haruey whose Land it was formerly. And
further Sheweth that since th* time & in this p*nt yeare yo*" Pet' had
fiue hogsheads of Tob Leauyed by way of Execuon for his L^" Rents
notw^^standing the s^ Articles were neuer p^formed, & it is held of
M' Lloyd, & not his L^ as more att large (relaon to the s^ Articles &
writings being had) may appeare.
yo' Pet*^ therefore humbly moueth this hon**** Court to take the
premises into their Consideraon, & declare whither hee ought to be
chargeable w^ the s** Land, in order to the s^ Articles or whither hee
ought to hold it by Graunt from M' Edward Lloyd. And he shall
&c:
Vppon the Pet" a fores** it is Ordered That when the Arreares of
Rent to the Lord Proprietary bee payd & satisfyed according to th*
former Order for Extent, Then the Bond betweene the Pet' & M'
Thomas Hatton his L^* then Attorney Gratl Concerning the Extent
be deliuered in, by M' Secretary. And It is further Ordered th* the
heyre of the s^ Haruey pay his proportion of the arreares & Rent
Judgm* is Graunted to the pif agst the deft for Three hund^ & Mr WiUm
Eighteene pownds of Tob & Cask. wtSx^ ^*
The Deft being lawfully summoned, & not appearing according to Smith
/i± fol. 142
the writt. ^i<
The plf alleageth th* hee deliuered to the deft a man Seruant, in Josias
Consideraon th* the deft should nurse the plfs Child. And further ^i^^Ji^'
th* the deft was the occasion of his seruants goeing away in th* time Bays^
of seruice, & cause of his not working as was exspected ; hee hauing £01^137^**"
by this meanes lost the Crop of his s** seru* & satisfyed the deft
otherwise for the nursing of his Child.
The deft (p' Attomat) sayth th* hee did not counsell the seruant
to goe away, & absent himselfe : But confesseth th* hee promised to
goe along w*^ the seruant to M' Prestons, & see whither the s** Seruant
could obteine his freedome or noe, w*^^ (as he sayd) hee hoped to
gett att Court.
The plf replyeth th* the deft ought to haue defended his owne
Tytle & the plfs T)rtle allso to the seruant att Court, w*^^ hee did not,
but quite contrary, neuer sending after him, but suffering him to
lo)rter to & againe.
The Judgm* of the Court is th* the deft shall make good the Exeqn
seruants Crop to the pif , according to their agreem* for Twelue hunds ^4 foi, 322
pownds of Tobaccho & Cask.
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250 Provincial Court Proceedings, 1658.
libcr Came Cloues Mace & acknowledgeth Judgm* in open 0>urt to
0)rxiwalw ^P* Thomas Cornewaleys for One thowsand fowre hund^ & Eight-
V. Mace eene pownds of Tob & Cask. Being the Remainder of a Bill of one
Thowsand Eight hund** fiuety & one pownds of Tob, wherein the s**
Cloues Mace & Thomas Tunnell were ioyntly bownd to the s** Cap*
Thomas Cornewaleys bearing date p** Septemb' 1656.
To the hon"« the Gouemo'' & Councell of State &c :
Cbmwaleys The humble Pet" of Thomas Cornewaleys Sheweth That whereas
V. Burdett xhomas Burditt stands indebted to yo' Pet' by Bill and account 1670*
Tob, And for non paym* was arrested att yo*" Pet" suite to this
Court. And was here the first day, but is since gone away to Acco-
mack, w*^ out gyuing yo*^ Pet' satisfaction, or making any Attorney
th* yo' Pet' can heare of, to appeare for him. Wherefore yo' Pef
humbly prayes Judgm* agst the s** Burdett for his Debt, & contempt in
goeing away before the s^ suite was called. And hee shall pray &c :
Vppon the Pet" of the plf for 1676* Tob. &c: The deft appearing
the first day of the Court only, & then absenting himself e, & goeing
o. 207 out of the prouince, as is alleaged, & being lawfully sununoned, &
Vtd. fol. 268 ^^^ constituting an Attorney. It is Ordered th* the pif haue Judgm*
agst the deft for fiueteene hund** pownds of Tob in Cask (as is
conteyned in the s** Bill) And because that Bill now gyuen up in
Court is passed uppon other Consideraon It is to be Recorded : & the
plf to haue a Copey thereof.
This Bill bindeth mee Thomas Burdett my heyres Executo"
admistrato" and Assignes to pay or cause to be payd unto Thomas
Cornewaleys or his assignes, the full & iust quantity of fiueteene hun-
dred pownds of good sownd large & bright Leafe Tob & cask att one
entire paym* in Patux* Riuer, att or before the Tenth of Nouemb'
next ensuing the date hereof. And yearely att the flFeast of the
Natiuity of Our Lord & Sauio' one Barrell of Sheld Come & Two
Poultry for & in Consideraon of a Parcell of Land bought of the
s^ Thomas Cornewaleys. Wittnes my hand this 17*^ of Decemb'
1657 Thomas Burditt
Test Rich : Hotchkeyes John Raynoulds.
^Mliam Vppon the demand of the plf for 407* Tob. It being for worke up-
^^ pon the howse att Greens Rest, alleaging th* the deft imployed him
icrke therein.
The deft sayth th* att th* time when the plf wrought there, hee
was not in a Capacity to imploy him, nejrther did hee promise him
paym* but sayth how th* hee ought to bee satisfyed by the Ouerseers
of his Wife deceased, whose howse it then was, & did not att th*
time any wayes apperteine to him. W** the Ouerseers likewise re-
fusing to satisfy, till the suite betwixt them concerning that howse
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Provincial Court Proceedings, 1658. 251
bee decyded It is Ordered that the pU haue Extent agst the Land Ubcr
whereon hee wrought att Greens Rest for ffowre hund^ & seauen ^-^^
pownds of Tob, as is demanded.
To the hon**** the Leiuten* & Councell of Maryland &c : Hewes v.
The humble Pet" of WilP Hewes Sheweth That from the ^^"""^
Seauenth day of ffebruary 165 1 untill the 22^ day of Aprill yo*" Pet'
imployed his whole labo* in setting up the Wind-Mill att S* Maries, &
tending & looking to, & grinding in it after it was soe sett up by him.
To the performance of w** worke yo' Pef was encouraged by Cap*
Will" Stone, the then Gouemo'' of this Prouince who hyred yo' Pet'
to th* intent, promising him due paym* for his s** labo* about the same
imployed. And further yo' Pet' sheweth how th* the s^ Cap* Stone
payed all the other workemen & defrayed what other charges in- p. 208
curred. And yo' Pet' not only remaines unsatisfyed, but left to seeke
his due, by course of Law much to his hinderance hee hauing bene a
long time out of his Tob, & suffered much for want thereof, hauing
or possessing little but what hee geets by his hard labo' & industry.
And though Cap* Stone hath alleaged th* the Mill did belong to Cap*
Gibbons, & th* hee hath gyuen an account of the s** Gibbons Estate, &
thereuppon discharged, yett hee doth conceiue th* noe stoppage can
be putt thereby uppon his labo', when as Cap* Stone himself e only
hyred him, sett him on worke, & promised him paym* for the same :
neyther did yo* Pet* make or mention any bargaine att all w*** Cap* .
Gibbons att his comming up hither concerning th* mill, but wholly
relyed & depended on Cap* Stones paym*, by uertue of his s^ promise
& engagem* w*'* him
His humble request is th* this hon"* Court will consider of the
premises & allow him satisfaction according to equity, & hee shall
pray &c :
The deft denyeth th* he engaged to make the plf satisfaction for
his labo', only as imployd by Cap* Gibbons. & the plf
not making proofe of what is alleaged in his Pet", concerning such
engagem* made w*** the deft. The deft craues an nonsuite w^ was
Graimted.
The plf being called, & not appearing to prosequute. The deft Martin Kirk
craueth a Nonsuite, W*^** was graimted w*^ Costs of suite. N'^la
Gwyther
Vppon this suite, w*^** was respited the last Court. Barnaby
Marke Pheypo swome sa)rth, th* soone after this Steare now in fe^^^viiJm
question was killed, this Depon* & the plf, being att the def ts howse. Stone
they ueiwed the hide of the Steare then killed (because this Depon*
then wanted a Steare of his owne) And further th* hee then told the
deft, th* th* Steare was none of his. And the plf instantly replyed
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252 Provincial Court Proceedings, 1658.
Liber saying. But it is mine. And the deft answered againe, If it be yo*^,
The ptf not being able to proue in Court, th* The Steare killed att
defts howse, was of his owne proper marke, or his owne steare.
The deft Craueth a Nonsuite, which was graunted
Mr Symon Vppon the Pet" of the deft, & Respite the last 0>urt.
^W^^%ni ^^^^" Harper att the request of the plfe swome sayth, That the
Eltonhead last Spring being att M" Eltonheads, hee heard a Cow Lowing after
^'^* ^^p.209 her calfe; & M" Eltonheads seruants told him th* that Cow w^
lowed was M*" Ouerzees Cowe & th* shee had lost her calfe.
The Gouemo' allso declareth to the Court, That about this time
two yeare, there came Two Cowes to M"* Eltonheads, a Browne
Cow, & a Red Cow.
The Depos" of Alexander Laremore aged 27 yeares or thereabouts
Swome & examined this 17*^ of January 1658, Sa)rth, That M""
Ouerzee had Two Cowes & one Calfe, w** came w*** M" Eltonheads
cattle to her howse. One of w*^** Cowes (w^ was the dame of the
calfe) as swamped in March before M' Ouerzees man came to
enquyre after the s** Cowes. M*" Ouerzees man comming in Aprill
following to enquyre after them. And enquyring for them of this
DeponS Hee shewed him one of the Cowes, & told him the other was
dead. And M^ Ouerzees man desyred this Depon* to shew him the
Dead Cow. And this Depon* told him, hee would shew him her
Bones, but her flesh & skin was perished, & further sa)rth not.
Jurat die & ano Supraditt Coram Henry Coursey, ffran : Anketill.
The Depos" of Nicholas Lurkey aged 24 yeares or thereabouts
Sa)rth, That one of M*^ Ouerzees cowes was swamped & dead before
th* his man came to demand them. And further th* there was neuer a
Calfe dead in M*" Harrises Tob. howse belonging to the Cow of M*"
Ouerzee, & that there was neuer a Cow fetcht from thence by him-
selfe, or any of M" Eltonheads poeple, & further Sajrth not
Jurat dice & ano Supradict Coram Henry Coursey, ffrancis Anketill
John HoUinsworth aged 20 yeares or thereabouts Jurat idem
uerbatim quod Nicholas Lurkey ut supra.
Jurat Cora" Henry Coursey ffrancis Anketill.
The Depos" of Thomas Walton aged 26 yeares or thereabouts
Swome & Examined this 17*** day of January 1658 Sa)rth That hee
hath bene a Seruant unto M' Richard Harrise, & M' Henry Coursey
euer since about Aprill 1656, & th* hee neuer knew of M" Eltonhead,
or any belonging to her, euer fetch or carry away any Cowe belong-
ing to M' Ouerzee, or any Body else. And whereas there hath bene
a report, th* the s** M"" Harrise did take up a Calfe, & tyed it in his
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Provincial Court Proceedings, 1658. 253
Tob. howse w^** belonged to M"" Ouerzee, this Depon* doth uppon Liber
his oath declare That there neuer was any Calfe taken up by M"" ^' ^- ^
Harrise, or any belonging to him, relating to M"" Ouerzee or any
Body else. But th* the s** M"" Harrise had a heyfer about two yeares
of age th* brought a Calfe, th* fell about february 1656, & the s**
heyfer not hauing milke sufficient to bring up her calfe, hee this
Depon* & the s** M*" Harrise feeding the s** Calfe w**" Mush, & using a
Ragge for the better feeding it, the s^ Calfe swallowed downe the
ragge & chockd' it selfe, & further sayth not.
Jurat Cora™ Hen : Coursey, ff ran : Anketill
Edward Dexter aged 21 yeares or thereabouts swome & examined p. 210
the day aboue specifyed Sayth That hee hath beene a seruant unto
M*" Rich : Harrise & M*^ Henry Coursey euer since January 1654, &
further th^ what Thomas Walton hath sworne touching M" Elton-
head & M*" Ouerzee, & then M' Harrises' Cattle is truth, & further
Sayth not.
Jurat Cora" Henry Coursey, flFra : Anketill
The plf sayth, th* the deft milking his Cow, weakened his Cow,
by w*^^ meanes shee dyed, & further th* the cattle were deteyned by
the deft, untill the pif should pay a payre of shooes to her Cowkeeper,
& Come for the Catties keeping. To w*^** the deft answereth th*
That Cow w^ is lyuing is the Cow th* was milked, being milked in the
Come field w*^in the fence, & might goe out when shee pleased. It
is Ordered th* the deft deliuer to the pif th* Cow w** is now lyuing
att her howse, & another yeareling heifer
George Mee petitioneth the Court for Judgm* agst the Estate of Mec v.
Will™ Bents for 900* Tob. formerly attatched during the time of ^®"*^
Cap* Will" Stones gouernm*.
It is Ordered (the s** Bents neuer as yett appearing, as is proued &
attested in Court) That the Pef haue Judgm* for nine hund^ pownds
of Tob & Cask, attatched in the hands of Will™ Lucas, & Marke
Pe)rpo, according to his s^ Pet" & demand.
To the hon"* the Gouemo*" & Councell &c : Linds!^ ^
The humble Pet" of Symon Ouerzee Sheweth That M*" James
Lindsey Admistrato'' to Symon Antonio hauing procured his letter
of Admistraon after yo*" Pet' had entred a Caueat for Admistraon
(as by the Record may appeare) & the s** Antonio being indebted
unto yo*" Pet"" 1200* Tob & Cask 19*** Nouemb*" 1656. Yo*" Pet*" vid. fol. 263
humbly intreateth th* hee may haue Order for paym* of the s** Debt,
w*** forbearance & charges of suite in the first place, & hee shall
pray &c :
This Cause Respited till next Prou : Court.
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254 Provincial Court Proceedings, 1658.
p^^R ^" ^^^* ^^ ^^ ^^^ Chandler preferred to the Court agst the
* Admistrato"" of Symon Antonio,
^nds^' Symon Antonio Deb*" to goods Receaued aboard Cap* Tilghman
March 15*^ 1655
By 3 p* ffrench heeld shooes att 36*
By 2 p* woemens shooes att 26*
By 6* of Castile soape att 8*
By 1300 6** Nayles^
By 3 doz. of gould buttons & 8 skeynes of silk
274
More his Estate Deb*" January i** 1656.
p* an old Holland sheete to bury him in 050
p. 211 p* A dinner att his funerall 050
p* 2* powder spent att his f imerall 024
124
274
398
This Accoimt is allowed by the Cotut, And Ordered th* the Ad-
mistrato* satisfy Three hund** ninety Eight pownds of Tob. & Cask
to the Demand*.
Come- The defts alleaging th* they haue sufficiently answered the plfs
OiMidler ®^^ *" Chancery, & therefore need not putt in their answere to his
and Overzce Reply, as it was Ordered.
The pif thereuppon, producing the Bill of Co* ffrancis Yardley &
Nathaniell Batts for 5000* Tob or Two Indian Slaues, dated 9*** of
Decemb*" 1653, demands an Extent uppon the Land of the s** Co*
ffrancis Yardley att Portoback, w*^^ the deffts are now possed w^.
To w*^^ demand the defts alleage th* that Land att Portoback was
gyuen unto the defts by the s** Co* Yardleys Wife deceased & did not
(as is pretended) belong to him the s^ Yardley, & therefore not
lyable to pay or satisfy his Debts, But it appearing to the Board by
the Records of this Prouince th* That Land was the s^ Yardleys
Land. It is thereuppon Ordered th* the s** Land bee extended soe
far forth as to pay the plf s Debt amounting to fiue Thowsand pownds
of Tob & Cask. Writt Extent. Vid. f ol. 218.
Cole V. Know all men by these p^nts th* I Martin Cole of Virginia Plant'
^ryoT do^ make, constitute & ordaine my louing ffreind Cap* Nicholas
Gw)rther of S* Hieroms in the prouince of Maryland my sole &
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Provincial Court Proceedings, 1658. 255
lawfull Attorney, to arrest, sue, impleade, or imprison Thomas Liber
Pryor in my name for certaine Debts, w^ Orders of Court hath past P- ^ ^
agst mee
Wittnes Wilkes Maunder Martin X Cole
The plf (p* Attomat Nicholas Gwyther) demandeth of the deft
One Thowsand sixty seauen pownds of Tob, w*** dammages, accord-
ing to Two seuerall Orders of Court in Virginia appearing Viz 23***
Nouemb*" 1658, for seuen hund^ & seauenteene pownds of Tob. w***
Court Charges. Allso another Order for Three himd^ & fi f ty pownds
of Tob. The s** Orders & dammages accurring for th* the ptf trans-
ported into this Prouince the Deft, out of Virginia, hee being in-
debted there.
Ordered th* the defts pay unto the plf according to his demand
One thowsand sixty seauen pownds of Tob, w*^ Costs of suite &
Likewise satisfy all such dammages as shall afterwards bee made
appeare w^ the plf shall incurre by means of his the defts s^ transport
hither
To this demand being for 3000* Tob, The deft sayth th* this Debt Nicholas
for w*^^ hee is arrested is a iudgm* of Court obtcyned agst the deft q^^^'
in Virginia by One M' Heale, & assigned ouer to the plf by the s** Marrell
Heale, w***out his consent or knowledge, contrary to an Act of As-
sembly in this prouince, w*^** Judgm* is in nature of a specialty; & if p. 212
the assigm* were allowed yett notw^standing the plf sueth him in a
wrong accon.
The plf not appearing e)rther by himself e or Attorney, Ordered
th* the plf be nonsuited & pay Costs of suite to the deft.
Are called afore the Board & to the Barre John Williams, Mary Attorney
Williams & Mary Clocker conuicted of flFelony, And being demanded ^^J^s^"^
what they can alleage why Judgm* of Death should not bee pro- Cocker
noimced agst them, Who alleaging nothing, Craue mercy, The
Gouemo'' pronounced sentence. Ordering the SheriflFe to retume the
s** Prisoners from whence they came, & thence to Exequution, & then
to hang by the neck till they bee Dead.
Was Called to the Barre Thomas Courtney conuicted of Petite Attorney
Ordered th* the SheriflFe take the s^ Thomas Courtney, & forth w^
giue him Thirty stripes. Writt ad Exequend"*.
D"" Luke Barber petitioneth the Court for a writt of Partition of Barber v.
the Plantaon now in the occupaon of Walter Hall, w^ hee hath ^^^
formerly bought, & payd for, W^ was Graimted.
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256 Provincial Court Proceedings, 1658.
Liber Caecilius &c : To Nicholas Gwyther Gent" SheriflFe of the County
Writt^Parti- ^^ ^* Maries. Whereas wee are gyuen to understand th* Luke
tion Ret : Barber Esq' of New-Towne in the Coimty of S* Maries, & Henry the
Vid. fol. 260 Sonne & heyre of Henry ffox of the same place & County afores**
doe Joyntly possesse the Moity of a flFreehold late in the posses" of
John Lewger, And whereas the s** Henry by his Guardian Walter
Hall doth oppose the Partition betweene them to be made uniustly
as is affirmed. Wee therefore Command yo" That taking w*** yo"
Twelue law full men of the Neighborhood by whom the truth of the
thing may the better be knowne, yo" goe in proper person to the
Tenem* w*^ itts Appurtenances afores**, & there in the presences of
the p'ties afores** by yo" to bee forwamd' if they will bee present.
That yo" diuide & seuer the afores** Tenem*, w*** itts appurtenances by
the Oathes by the good & lawfull men afores** hauing respect to the
true ualue thereof into Two equall parts, One part thereof deliuer
to the s** Luke Barber & the other to the s^ Walter Hall, for the use
of the s** Henry flFox. And the Partitition soe made under thy Scale
& the Scales of them by whose oathes the s^ Partition thou shallt
make. Certify unto Our Prouinciall Court by the 20*** day of
Aprill next, & haue thou there this writt. Gyuen att S* Maries this
2d day of March 1658. Witness Our Trusty & welbeloued Josias
ffendall Esq*" Our Leiuten* &c :
Josias ffendall.
Attorn^ /to Whereas Diuers Inhabitants here, haue hitherto undertaken to
Piy Costs plead as Attorneys att the Courts in this Prouince, imagining them-
selues (if cast in their suite) not chargeable w*** dammages &c: It is
therefore ordered for the future th* whatsoeuer Attorney or At-
torneys pleading as afores** shall happen to bee cast, in the suite soe
undertaken by him or them, shall pay & satisfy on the behalf e of
him or them, for whom hee or they sues or answeres (if the party
bee not resident or dwelling w**"in this Prouince) all Costs, Debt, or
dammage hee or they shall bee cast in, to the p^'ty greiued or sued.
The Court adiomed by the Gou' till to morrow morning
March 3 P^t Thursday 3** March.
Josias ffendall Esq' Gou^ M*" Rob* Clearke, M*^ Baker Brooke
Philip Caluert Esq' Seer', D' Luke Barber M' Ed: Lloyd
Cap* Will" Stone,
To the hon"* the Gouemo' & Councell
"*""^l)n The humble Pet" of Anne Hammond Sheweth That yo' Pet'
hauing attatchd* a seru* of M' Garuase Dodson for a Debt due to her
Children as may appeare uppon Record, May it please this hon"*
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Provincial Court Proceedings, 1658. 257
Court to order the Sheriff e to possesse yo"" Pef w*** the s^ Scru* by Liber
processe in Law, on the behalfe of her s** Children & she shall ^-^.R.
pray &c :
The Court demandeth of the Pet' whither shee knoweth th* the
deft hath had notice of this Attachm*? Who sayth th* shee sent to
the deft, but knoweth not whither hee hath notice of the s^ Attatchm*
or not.
It is ordreed th* the Attatchm* be continued & th* the ptf bring Vid. fol. 233
Certificate, th* the Court may bee satisfyed, th* the deft had notice %i^^^^
thereof by the next Prouinciall Court
It is Ordered th* M"" Richard Smith & Thomas Belcher bee allowed Re Dandy's
Seauen hund** Seauenty nine pownds of Tob out of the Estate of ^**^
John Dandy. It being for prouision of dyett in time of his durance
att their howse.
Whereas Henry Potter hath petitioned this Court for Judgm* agst Pottcr v.
the Estate of Will"* Thomas The s^ Thomas being Nonsuited att the |||'^™^'*
last Prouinciall Court, & adiudged to pay Costs unto the Pet*. vid. fol. 116
It is Ordered th^ the Pet' haue Judgm* & Exequuon agst Will"
Thomas for Clearks flFees, sheriffes ffees, & [his] owne attendance for
seauen dayes att the last Court in Caluert County att 36* Tob p* day,
amounting to Two hund** & Ten pownds of Tob.
Writt Exeq" fol. 216.
Came M" Jane Eltonhead & acknowledgeth to haue receaued of Eltonhead v.
the hon**** Josias flFendall Esq"", to the ualue of Two thousand pownds y^^\ .,
of Tob. according to a Judgm* acknowledged in the Prouinciall
Court holden m Caluert County 29^ of Aprill Ano Dni 1658.
Jane Eltonhead
Warr* from the Gou* to the SheriflFe of Kent County to arrest the Salter v.
bodies of Thomas Sowth & Thomas Hinson, in an accon of Case, Sowth ct aL
att the suite of John Salter, dat. 28^ Octob' 1658. *""* * '^"*'*
This Cause uppon a Writt of Error being intricate. It is Ordered p. 214
that this following Writt bee sent up to Exaime & make report &c :
Oecilius &c : To Our beloued Nathaniel Vtie, & Edward Lloyd Vid. fol. 125
Esq' & Joseph Wicks & Cap* Robert Vaughan Gent" Greeting. ^*^- ^^^' ^'
Know Yee th* Wee haue gyuen to yo** ffowre power & authority
whatsoeu* wittnesses in & concerning certaine damages by John
Salter plf agst Thomas Sowth deft recouered, & now by writt of
Error to you to be deliuered againe questioned, dilligently to Ex-
amine. And therefore Wee command you th* att certaine times &
places w^ yo" shall appoynt them the s** Wittnesses, yo" cause to
17
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258 Provincial Court Proceedings, 1658.
Liber come before yo**, And those same Wittnesses & euery one of them
P.CR. ^jppQn their Oathes uppon the holy Euangelists corporally to be
taken that yo" dilligently examine, And their Examinaons th* yo"
take & to writing doe committ And when yo** haue soe taken them
into Our Prouinciall Court by the 20*** day of Aprill next where-
soeu* it shall bee held that yo'* doe distinctly & clearely send under yo'
scales, together w^ yo' opinions, what uppon the premises it fitt to
be done, & this Writt, Prouided allwayes th* the s^ Salter haue warn-
ing by the space of Ten dayes, of the Execution of this Commis",
before the Execuon of the same. And likewise to examine all the
differences depending betweene the s** p'tis or eyther of them, &
Thomas Hinson. Gyuen att S* Maries this 3** day of March 1658.
Wittnes &c : Josias ff endall.
Postpone- Co* Nathaniel Vtie X Peter Sharpe.
"^^ Cap* WiUiam Stone X Edw : Qoxstone
M" Jane Eltonhead X Edm : Scarborough
Cap* Tho : Comewaleys X John Webbe
Respited till
►next Prouinciall
Court.
Proclamation &c :
Prodama- Whereas it hath pleased the most wise God in his Prouidence to
RiXird ^^^ ^^^ o^ this world the most Serene & renowned Olyuer late Lord
Cromwell Protecto"" of the Common wealth of England, Scotland & Ireland &c :
tector & his s^ Highnes hauing in his life time, according to the htunble
Pet" & aduice of the late Parliam* in England declared & appoynted
the most noble & illustrious the Lord Richard Eldest sonne of his s**
late Hignes to succeed him in the Gouerm* of the s^ Commonwealth
of England, Scottland & Ireland, & the Dominions thereunto be-
longing. Wee therefore the Leiuten* & Councell of the Lord Pro-
prietary of this Prouince Doe now by the s** Lord Proprietaries direc-
p. 215 ^o" hereby publish & declare the s^ Noble & Illustrious Lord Richard
to be Rightfully Protecto' of the Commonwealth of England, Scott-
land & Ireland, & the Dominions & Territories therto belonging.
Beeseeching the Lord to blesse him w*** long life & happines in his
Gouerm*
God save his Highnes Richard Lord Protecto'.
Proclamation
By the Leiuten*
Whereas his Highnesse Richard Lord Protecto' was this day
prodaymed, In hono*^ of th* Solemnity, & according to the power to
mee by the Lord Proprietary Committed, I doe hereby Pardon &
acquitt All & Euery person or persons w*^** this Court in any Criminall
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Provincial Court Proceedings, 1658. 259
Cause stood indicted conuicted or Condemned to dye Resyding att ^^^^
this time w***in this prouince
God saue the L** Proprietary Josias flFendall
The Court dissolued by the Gouemo*, Who appoynted the next Court
Prouinciall Court to be holden in Caluert County, on the 20*** day of '^"s^^^*^
Aprill next.
Walter Hall swome Sayth (att the request of George Thompson) Langworth
th* M"" Langworth told him this DeponS th* M*" Clearke need not to v- <5arke
haue taxed him as he did in Court, for hee was ciuill enough to him, p. 216
for hee bought him a seru* w*** his M*" Clearks Tob. & kept the s**
seruant a yeare in his howse, under pretence of being his owne, and
further Sajrth not.
M' Thomas Mathews Sayth, th* M*" James Langworth speaking
att randome in reference to M*^ Clearks taxing him w*** Inciuility in
Court towards him, sayd That hee had beene a good f reind to him
for he purchased for him a seruant, Whereuppon this deponS inferred
saying Thats well, may bee yo** by soe doeing haue hindrcd some one
or other from recouering their Debts.
M' Roger Isham swome sayth when as M*^ Langworth came from
the Table, The s** Langworth sayd That he had bene uery ciuill to M'
Clearke, & had Tob of his in his hands, w*** w*^** hee bought him a
seruant Boy, th* had 5 yeares to serue, & gaue him 1000* Tob. for his
yeares worke, notw^^standing his seasoning, & th* his old hands
made but 1500* a share. And th* M*" Clearke had nothing to shew
under his hand (as this Depon* supposeth) for the Tob, w*** w*=**
hee bought the s^ seruant, & further Sa)rth not
Swome all Three in open Court Will" Bretton.
Joseph Wicks demandeth warr* agst Richard Owens in an accon March ^'o
of the Case, to the value of 5000* Tob. gJJ^^/ ^•
war* to the Sheriff e of Anarundell County to arrest &c : Ret. next
Prou : Court to be holden in Calu^t County 20*** Aprill next.
writt of Exequuon to the Sheriffe of S* Maries County att the March 5th
request of Henry Potter agst the Estate of Will"* Thomas according Thomas*
to the Order of Court. 3** March last, fol. 213 To Ae Cfk
^ ^ 163 To the
Sh. 080
Cap* Samuel Tilghman demands war* agst John Thomkinson T^hmMi^'^
Admistrato* of the Estate of George Doltee deceased, in an acc5n Thomkinson
of Debt of 6o6» Tob. Admmir.
war* to the sheriffe of Charles County to arrest &c: Ret. next
Proun : Court 20*** Aprill next ut supra.
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26o Provincial Court Proceedings, 1658.
Liber Cap* Tho : 0>rnwaleys demands warr* agst John Pille in an accon
Corn^wS^s^fDebt
V. Piflc War* to the Sheriffe of S* Maries County to arrest &c : Ret next
Pro : Court 20*^ Aprill next ut supra.
OverzM y. M' Svmon Ouerzee demands war* agst Will" Cole in an accdn
Cole £ T\ i.^
p. 217 of Debt.
War* to the SheriflFe of S* Maries Coimty to arrest &c : Ret next
Pro ; Court to be holden in Caluert Coimty 20*** Aprill.
laton^I ^^" ^^ Exequuon to the SheriflFe of Charies County, att the
Estate Request of Cap* Will~ Stone for 506* Tob. agst the Estate of Will"*
To the She^ Battan according the Order fol. 133.
TotheClk.
Evan?^ Cap* Will" Kuans Admistrato* of the Estate of Cap* John BariflFe
McKinney demandeth warr* agst John Mee Kenny for 406* Tob.
fol. 254 Writt of Scire facias to the SheriflFe of S* Maries Coimty accord-
ing to the Order 29 Deceml/ 1657, Ret next Pro : Coiut ut Supra.
Maynard v. Writt of ExequuSn to the SheriflFe of S* Maries County att the
Clk^©^ request of Charles Maynard agst the Estate of M"" Thomas Gerard
«. ^ '55 for 274* Tob. according to the Order, fol. 116.
S!Lffees,090 ^^ ^
Warren v. Writt of Exequuon to the SheriflFe of S* Maries County, att the
oL ff^^ request of Humphry Warren agst the Estate of Rob* Hill for 25^
Sh- ff^^ according to the Order of Court fol. 109 in Too, att 2^ per pownd.
100
Crpu^ V. writt to the SheriflFe of S* Maries County to wame Martin Kirk,
& writt to the SheriflFe of Caluert Coimty to wame M"" Thomas
Trueman to testify inter M"" Crouch & M" flFenwick concerning a
horse att M" flFenwicks request
March 17th Writt of Exequuon to the SheriflFe of Caluert County att the re-
V. Jospin's q^^^ ^* Henry Thickpenny agst the Estate of Cornelius Johnson for
^*ate six hund** pownds of Tob. according to the order fol. 134.
086
M^^ch^lS ^P* Richard Husbands demands war* agst Will" Edwin in an
Husbands v. acon of Case to the ualue of 1506* Tob.
war* to the SheriflFe of S* Maries Coimty to Arrest &c : Ret next
Pro : Court, 20*** Aprill next ut Supra.
Husbands v. Cap* Rich : Husbands demands warr* agst Cap* Miles Cooke in an
^^^^ accon of Case of 1500* Tob.
war* to the SheriflFe of S* Maries County to arrest &c : Ret next
Pro : Court 20 Aprill ut Supri.
Fenwidc
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Provincial Court Proceedings, 1658. 261
Cap* Thomas Comewaleys demands war* agst Henry EUery in an Liber
acc5n of Case to the ualew of a hogshead of Tob. Conl^lcys
warr* to the Sheriffe of S* Maries County to arrest Ret. next Prou : v. Ellcry
Court 20**»Aprill. Ret 2^ day of Court.
Summons to the Sheriffe of S* Maries Coimty to wame John Van Corawaleys
Hack (506* Tob. forfeiture) to testify inter Cap* Tho: Comewaleys ^- Bayscy
& Michael Baysey.
Cap* Thomas Comewaleys demands war* agst Richard Neuett in p. 218
an accon of Debt of 706* Tob. TncS^'
writt to the Sheriffe of S* Maries County to arrest &c : Ret. next
Pro : Court to be holden in Caluert County 20*** Aprill. Ret 2^ day
of Court.
Cap* Tho: Comewaleys demds writt of Extent uppon the Land of Comewalors
Co» ffrancis Yardley according to the Order of Court &c : fol. 211. ^ (wS^
The writt
Caecilius &c: To the Sheriffe of Charles County Greeting. Wee Extent
Command yo" That by the Oathes of Twelue good & lawfull men of
yo"" County yo" cause to bee extended & appraysed the Land belonging
to Co* ffrancis Yardley att Portoback deceased, W^ Thomas Come-
waleys Esq"" att Our Prouinciall Cpurt held the second day of March
1658 att S* Maries, in satisfaction of a Debt of fine thowsand pownds
of Tob & Cask due from the s^ Yardley, recouered agst Job Chandler
Esq"" & Symon Ouerzee Gent", present possesso" of the s^ Land,
deryuing T)rtle thereto from the Relict of the s^ Co* yardley De-
ceased, And the Extent & Appraysm* w*^^ yo" shall thereon make
Cause to be signifyed to Our Prouinciall Court to bee held in Caluert
County the 20*** day of Aprill next, imder thy Scale, & the Scales of
them by whose Oathes the s^ Inquisition thou shallt make, And haue
thou there this writt Gyuen att S* Maries this 15*^ day of March
1658. Wittnes Our Trusty &c : Josias ffendall Esq"^ Our Leiuten* &c :
Josias ffendall.
To all to whom these p^nts shall come, I Cuthbert ffenwick of the Re Fen-
County of S* Maries in the Prouince of Maryland genf* send ^^
Greeting &c :
Know yee th* I the s^ Cuthbert ffenwick for & in considera5n of Mrs. Jane
the imfayned loue & affection, th* I beare unto M" Jane Moryson late wj[^*
Wife of Robert Moryson of the County of Kecoughtan in the
Prouince of Virginia gent" deceased. And easpecially in Consider-
aon of Matrimony intended p*sently (by gods grace) to be solemnized
betweene the s^ Cuthbert & the s** Jane. Doe by these p*nts giue,
graimt, confirme, & endowe : And by these p*nts haue giuen, graunted.
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262 Provincial Court Proceedings, 1658.
Liber & in nature of a free-Joynture endowed, unto Will" Elltonhead
P. C. R. g^nf* & Rob* Qearke genf* ffeoffees in trust ; for & in the behalfe of
the s^ Jane, Three negro seruants (Viz) Two negro men, & One
negro woman, to say, William Allington & Tom : Payne : & Nan : &
all their issue both male & ffemale, Six Milch Cowes & Three heyfers
w^ their encrease, Two yowng Mares, & a Stone horse, w*** their
encrease. One halfe of the howshould goods, that shall bee in the
posses'* of the s** Cuthbert att the hower of his Death, w*** all the
wearing cloaths, ringes & Jewells of the s** Jane, To haue & to hould
p. 219 the sayd Recyted premises & euery part thereof unto her the s^ Jane,
& the heyres lawfully begotten betweene mee the s^ Cuthbert ffen-
wick, and shee the s** Jane, whither male or ffemale (or both) to bee
equally deuided after her Decease, Prouided allwayes th* the same &
euery part thereof graunted as afores**, shall bee & remaine to the
only use, benefitt & behoofe of mee the s** Cuthbert during my Natur-
all life, And in case I the s** Cuthbert shall happen to depart this
life w*N>ut issue betweene mee the s^ Cuthbert & shee the s** Jane as
afores^. That then the s^ demised premises & euery part thereof, w*
the proceed, profitt, & increase thereof shall bee & remaine to the
only use, benefitt, & behoofe of the s^ Jane her heyres, Executo", or
Adinistrato", And for the true & reall p^formance of this Deed &
euery part & parcell thereof, in manner & forme afores^ I the s^
Cuthbert ffenwick doe bind ou* unto the s^ Will" Eltonhead gent* &
Rob* Qearke gent". The sayd Three Negros, & Three other Negros :
the s** six Cowes, & other Six Cx>wes, The s^ Three heyfers & other
Three heyfers. The s^ Two mares & other Two mares: The s^
Stone horse, & one other Stone-horse, To bee all lyable & responsable
for the full assurance of making good the afores** Joynture for the
use of the s** Jane, her heyres Executo" or Admistrato" as afores**.
In wittnes whereof I the s^ Cuthbert ffenwick haue hereunto sett my
hand & Seale the first day of this instant August, Anoq* Dili 1649.
Signed, Sealed & Deliuered in the p*nce Cuth : ffenwick Se X ale.
of us for the uses afores**
ffrancis » CQ Brooke
Charles Rawlinson.
CVidc I M"^ ffenwicks Will. In the name of (5od Amen, I Cuthbert ffen-
Md. Cata- w*^'^ being sick of Body, but in p^fect memory. Doe make my last
dar of Wills Will & Testam* as foUoweth, fiirst I bequeath my Soule to Allmighty
^'^ God, & my Body to the Graue, As as for my Temporall Estate, I
desyre it may be deuided as f olloweth.
Imp"". I giue & bequeath unto my louing Wife Jane ffenwick, all
th* Parcell of Land Lying Westward of the Deepe Branch of S*
Cuthberts neck, to bee att her disposing.
It. All the Rest I doe desyre should be deuided equally amongst
the Children that is to say Cuthbert ffenwick, Ignatius, Robert,
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Provincial Court Proceedings, 1658. 263
Richard, & John ffenwick, Only the s^ Cuthbert ffenwick is to haue Liber
a hund^ Acres more then the Rest : & his Plantaon to bee uppon S* ^- ^' ^
Cuthberts, & to bee Lord of the Manno"", & the yearely Rent to be
payd to Cuthbert ffenwicke, his Brothers paying their proportion.
And the howse & Plantaon to my Wife I allso bequeath the Plantaon
& howseing thereto belonging, And allso the Children I desyre to
remaine w*** her, untill they come unto Age.
It. I giue the Plantaon that Wee haue now seated unto my Wife P- 220
during her life.
It. I giue the first Mare foale th* is foaled unto Teresa, Cuthbert
& Ignatius ffenwick, Prouided it Hue, untill it haue a Mare foale
then the encrease of those Two, to be equally diuided amongst the
afores** Children, Only the horse Colts is to belong unto the Mother,
untill the s^ mare brings a Mare foale.
It. I giue unto M*^ Starkey one Thowsand pownds of Tob.
It. I giue unto M*^ ffitzherbert ffiue hund^ pownds of Tob.
It. As Concerning my Debts what I owe, or is oweing unto mee,
will appeare in my writings att home. Except the Tob & Corne, th*
is oweing unto my Brother Eltonhead for seruants. And likewise
the Tob th* I receaued for his use, w** my Wife knowes of. Allso
Three hund** & seauenty fiue unto M*^ Anketill as wittnes my hand
the 6 day of March 1654.
Signed, Sealed & deliuered
in the p*nce of us Cuth : ffenwick Se X ale.
ff rancis Anketill
Elizabeth Gerard.
Know all men by these p*nts th* I Cuth : ffenwick of the Prouince
of Maryland gent", doe by these p*nts constitute & appoynt my
louing ff reind M*^ John Hatch my true & lawfull Attorney in Mary-
land to all intents & purposes as if I my selfe were personally
present, as wittnes my hand this 21*** of ffebruary 1649
Wittnes Cuth : ffenwick
ff rindship Tounge
Due to the old Doctor 2100
ffor 5 barrells of Come prest from!
mee by M*" Greene for the ffort J 1000
more 5 barrells 0500
In the Margent This Bill is made w*** a Condicon under writen
Vacat. This Bill bindeth mee John Pille my heyres Executo" Mathews t.
Admistrato^ & assignes to pay or cause to be payd unto Thomas ^**^*
Mathews or his heyres Executo", admistrato" or assignes the full &
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264 Provincial Court Proceedings, 1658.
Liber iust summe of Two hundred pownds of good & lawfull money of
P.CR. England due to bee payd att all demands as wittnes my hand &
Seale this 13*** of March 1648.
Test Ralph Crouch. John Pille Se X ale.
The Condicon of this Obligaon is such th* if the aboue bownden
John Pille doe pay uppon demand unto Thomas Mathewes or his as-
signes the iust summe of One hund** pownds of good & lawfull
money of England, that then this Bill shall bee uoyd & of noe effect,
If not itt remayneth in itts full force & uertue. As wittnes my hand
& Seale this 13*^ of March 1648
In the p*nce of John Pille
p. 221 These are to certify th* I John Pille haue & doe assigne ouer &
deliuer unto M*^ Thomas Mathewes for the paym* & full discharge
of a Bill of One hund** pownds sterl. due to be payd att all demands,
& bearing date 1648. Three seruants Will" Wenam, Cornelius Cor-
mace, & Margarett Teresa, att fifty fowre pownds. And ffowre
Milch Cowes, fiue heyfers & a Bull att fowrty six pownds, Called
by these names following. Gent| Long Tayle, Blackj Bobbej Stiles|
New-Towne| Blacks heyfer| Long Tayles heyfer, & Bobs heyfer as
wittnes my hand this 17*^ of January 1657 John Pille
Testes John t W Wheeler Richard Willan Patrick fforrest.
Know all men by these p*nts th* I Thomas Mathews of S* Maries
ffor & in Consideraon of diuers iust Causes mee thereunto mouing
haue & doe giue unto Sara Pille, the Wife of John Pille of Salisbury
in Maryland & their Children Joseph, Anne, & Mary Pille, these
seuerall goods here underwritten, Viz. Three seruants William
Wenam, Cornelius Cormacke, & Margarett Teresa, ualued att 54*
sterl. & ffowre Milch Cowes, ffiue heyfers & a Bull att 46* sterl.
called by these names following Gent| Black| Bob| Long Tayle|
StylesI New Towne| Blacks heyfer| Long Tayles heyferj Bobs heyf-
erj w*** all their encrease & profitt for euer. And all the profitt of
the labo'* of the s** Seruants during their seuerall times to bee dis-
posed of only by the s^ Sara Pille, or her assignes to the use &
benefitt of the afores** Children. And to this intent & purpose I
haue deliuered, & gyuen the afores^ Seruants & Cattle, But if the
afores** Sara Pille & her Three Children shall dye, & noe other Child
borne of her Body shall suruiue, That then the afores** Cattle &
Seruants w*^ all their encrease shall fall & succeede unto the use &
disposall of her husband John Pille, but not otherwise. In wittnes
whereof I haue hereunto sett my hand this 17*** of January 1657.
Test Richard Willan Patrick fforrest Thomas Mathewes.
/'
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Provincial Court Proceedings, 1658. 265
Writt of Exequuon to the Sheriffe of Caluert County issued 9*** libcr
of March att the request of Cap* Sampson Waring agst John Ham- ^^^ ^
iltons Estate for 360* Tob. according to the Order last Court, f ol. 205. Hamilton's
estate
Vid. f ol. 20s
M*^ Rob* Qearke demands out of M"" Lewis Land to be appraysed Clarke v.
5orf Tob, due to him for his flfee of Suruey of the same & not yet ^^"
satisfyed.
Thomas Gerard of S* Clem** Manno* in the County of S* Maries Gerard v.
Esq' Sheweth. Wi^lan and
LindsQT
That in the yeare of Our Lord God 1640, Octob' 8*^ His Lordship p. 222
did by his speciall warr* order One Thowsand Acres of Land to be
surueyed, & under his greate Scale graunted to Abell Snow of Cur-
siters Office in Chancery lane Lond" Gent"* That there was 1000
Acres of Land, lying betweene S* Johns Creeke & Gerards Creeke,
according to th* speciall warr* surueyed & graunted to the s^ Abell
& his hey res the 12*** of ffebruary following, That the s** Abell is since
dead. And th* Susan the Wife of the s^ Thomas is Sister to the s^
Abell, & Heyre att Law unto him, & therefore ought the 1000 Acres
to possesse. That Richard Willan of Snow Hill in the County of S*
Maries afores^, & James Lindsey of S* Thomase's in Charles County,
the s** Land doe uniustly deteine. And thereuppon bringeth his suite
&c:
Richard Willan of Snow Hill in the County of S* Maries, &
James Lindsey of S* Thomases in Charles County, Say, That they
know not that euer Abell Snow had any Lawfull Graunt from his
LP of 1000 Acres Lying betweene S* Johns Creek & Gerards Creeke,
as by the ptf is alleaged. That were it soe, Susan the Wife of
Thomas Gerard is not the true heyre of Abell Snow. That they doe
not possesse 1000 Acres of Land, Lying betweene S* Johns Creeke &
Gerards Creeke, but only 900 Acres, Bownded w*** the flfreehold late
of Thomas Hatton gent"* (first graunted to Nathaniel Pope fromerly
of this Prouince) & a ffreehould formerly called Gerards ffreehould,
now Porke-Hall. W*^^ they doe possesse by Vertue of a Graunt from
his LP to them & their heyres. Bearing date 24** Decemb' 1652. W^
Land by the Act for Deserted Plantaons, was in his L^* power to
Graunt, & this they are ready to proue.
His LP* speciall warr*, & the other Records concerning this suite
being ueiwed, & read : And the proofes & allegaons of both parties
being heard & considered; & the Cause, seaming difficult to the
Board, a long time discussed, Philip Caluert Esq'' Secretary of this
Prouince much concerned herein craues an Appeale to his L^ in
England, w^^ was Graunted Ani 1658 ffinis.
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266 Provincial Court Proceedings, 1659.
Liber Records of the Prouinciall Court flfor this Prouince of Maryland
^^•A ^659.
Hall V. Walter Hall demands writt of Scire facias agst Anne Hammond
March 28 Ae Attorney of John Hammond her husband for 1 166* Tob. & Cask.
Writt as followeth to the Sheriffe of S* Maries County, Ret. the
2^ Day of next Court, 20*** Aprill.
Caecilius &c : To Nicholas Gwyther gent"*, Sheriffe of the County
of S* Maries. Because th* Anne Hammond (Attorney of John
Hammond her husband) of Brittons Bay in New Towne hund**
ought to haue payd to Henry ffox of the same place & hund** afores**
the summe of 1166* of Tob in Cask uppon the 16*** of July 1656, as
appeareth to vs uppon view of the Records, w** are yett unpayd as is
alleaged. Wee Command yo" th* yo" make knowne unto the s^ Anne
Hammond, th* shee bee att Our Prouinciall Court on the 20*** of
Aprill next, wheresoeu* it be held, to shew if shee haue any thing to
say, Why the s^ Tob. should not be leauyed uppon the Lands goods &
Chatties of her s^ husband, & to the Executo" of the s^ Henry be
deliuered according to the force & effect of the s** Judgm*, And haue
yo" there the names of those persons by whom yo" haue made this
knowne unto her, & this Our writt
Philip Caluert.
Vcitch V. James Veitch demands warr* agst John Day in an accon of Case
*^ totheualewof 2ioo*Tob.
Writt to the Sheriffe of Caluert County to arrest &c : Ret next
Pro: Court hold att Calu«t County 20*** Aprill 2^ day.
mrlc Gittle ffrancies Armestronge Recordeth his owne proper marke (Viz).
The Right eare slitt, the Left eare underkeeld.
Leiu* Thomas Trueman enters his marke of Cattle, (Viz) The left
eare Crop't & slitt. The Right eare swallow tayld'.
Cburseyv. John Coursey demands Attatchm* agst the Estate of Nicholas
^^'"* Morris for 4414* Tob, It being due for Sheriffs ffees.
Attatchm* to the Sheriffe of Kent County, according to demand
Ret. next Prouinciall Court, holden in Caluert County 20**" Aprill
next 2^ day.
Husbands v. Cap^ Richard Husbands demands writt agst Walter Pakes, in an
Pakcs^ accon of Debt to the ualew of 500* Tob.
War* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prouinciall Court to be holden in Caluert County, 20*** Aprill next, ut
supra Ret 2^ day.
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Provincial Court Proceedings, 1659. 267
Writt of Exequuon issued to the Sheriffe of Caluert County, att Liber
the request of ff ranees Abramson agst the Estate of Rob* Blinkhome, Abnihamson
according to the order of Court, fol. 200. v. Blink-
home
p. 230
Thomas Gerard Esq*" demands writt agst Walter Hall, in an accon Vid. fol. 200
of Debt. Apriinf
War* to the Sheriffe of S* Maries County to arrest &c : Ret next Hall
Prou : Court 20*** Aprill ut Supra the 2^ day.
Thomas Gerard Esq*^ demands writt agst John Jarbo in an accon April! i2t*>
of Debt. g-^v.
Writt to the Sheriffe of S* Maries County to arrest &c : Ret next
Prou : Court 20*^ Aprill ut supra.
Writt to the Sheriffe of S* Maries County to wame Cap* Thomas Crouch v.
Comewaleys, M*" Tho : Mathews, Hester Mathewes, Bamaby Jack- ^enwick
son, Marks Pheypo, Nicholas Keytin, Bryant Daly, Thomas Hawker.
& Thomas Courtney, to testify inter M*" Crouch, & M" ffenwick con-
cerning a horse, prou* Order, fol. 177.
Walter Hall demands war* agst M"^ John Pille in an accon of Case Hall v. Pille
War* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prou : Court 20*** Aprill ut Supra, 2^ day.
Cap* Sampson Waring demands writt agst John Tunnis in an accon Waring v.
of Defamaon. Tunnis
war* to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prou : Court 20*** Aprill ut supra.
writt to Sheriffe to wame Edward Turner Sub. poen : 500* Tob. to
testify in ditt. cause.
Cap* Thomas Comewaleys demands war* agst George Wright in Aprill 16^^
an accon of Debt of 200* Tob. ^I7J^*1?'*
V. Wnght
writt to the Sheriffe of S* Maries County to arrest &c : Ret. next
Prou : Court 20*** Aprill ut supra.
Came M*^ Symon Ouerzee & acknowledgeth to haue receaued Overzeev.
satisfaction in th* Cause & order the last Court had & obteyned agst v^j"o*^j^'
Cap* Thomas Comewaleys, uppon his note of Creditt for Two fol. 201
Thowsand, one hund** & Twenty pownds of Tob, as by the s^ Order
appeareth.
Summons to the Sheriffe of S* Maries County to wame Edm : Bevins v.
Nanfan, Peter Carwarden, John Mastvick, James Hall & Sarah Ovcrzec
ffrizell to testify Sub poen, 500* Tob each, inter Hugh Benin & M*"
Symon Ouerzee, att Beuins request.
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268 Provincial Court Proceedings, 1659.
Liber Thomas Hawker demands warr* agst M"^ Thomas Mathewes in an
^'S'^r accon of Case,
p. 231
Hawker v. Writt to the Sheriffe of S* Maries County to arrest &c : Ret next
Mathews p^^^ . ^^^^ ^^ ^^ holden in Caluert County 20**» Aprill next. Ret
2^ day.
Cary V. Thomas Carye demands war* agst Daniel Golson in accon Debt, &
*^" allso another writt X idem in an accdn of Case.
Writt to the Sheriffe of Calu^t County to arrest &c: Ret next
Prou : Court 20^ Aprill ut SupriL.
Subpoen : 50^ John Knap to testify in ditt. Ret &c :
mrk. Cattle Emperour Smith recordeth his marke (Viz) Both Eares Cropd'
& a hole in each eare, & underkeeld the right eare.
John Cornelius recordeth his marke of Cattle (Viz) The left
eare Cropd, & a hole in the Crop, the right eare untouchd'.
Thomas Letchworth recordeth his marke (Viz) The left eare
Cropd' & slitt, The right eare imder squard'.
Aprill ifith Writt to the Sheriffe of Charles Cotmty to wame John Waltham &
^'T.'mitt Thomas Payne to testify one the behalfe of the Lord Prop* agst
Daniel Hutt, sub poen 500* Tob each. Ret. next Prouinciall Court ut
supra.
Caiy V. Writt to the Sheriffe of Caluert County to wame Peter Joy to
" testify inter Cary & Golson in accon sup Case, subpoena 500* Tob. on
Golsons behalfe Ret. ut supra.
Parrott v. M*^ Will" Parrott demands warr* agst Alice Brasse in an accon
Brasse ^j Qefamaon.
Writt to the Sheriffe of Caluert Cotmty to bring Anne Brasse to
Court to iustify her allegaon.
Writt to wame Cap* Sampson Waring & James Veitch to testify
in dit. Caa" sub poen. 506* Tob. each, pro ptf .
Writt to the Sheriffe of Caluert Coimty to wame Anne Neuell to
testify in dit pro deft, att M"" Hugh Stanleys request. Sub poena 506*
Tob. Ret. ut supra.
Re Quakers These are in the L** Prop** name to charge & command yo" to
arrest the Body of Thomas Thurston, & him to deteine in yo*^ Custody
w*** out Bayle or Mainprise, Causing him to appeare att the Prouin-
ciall Court being holden att S* Leonards in Patux* the 20*^ of Aprill
next. There to answere to such things, as shall be obiected agst him
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Provincial Court Proceedings, 1659. 269
on the behalfe of the L** Prop"". Hereof fayle not, & there to make Liber
retume of this warr*. Gyuen this 22^ of March 1658 ^- ^- ^
To the Sheriffe of Anarundell Nath : Vtie
M' John Bateman Decemb"^ 3^ 1658. Aprill 22^
I haue here inclosed Two bills of Lading, w** I haue assigned ouer fee Bateman
to yo" in a 6^ paper booke in my Trunk, The Inuoyces are, & the
goods entred in th* booke but not perfectly yo" will find by another
little booke the freight & charge, the Salt was intended for salting
of meate for Barbados, the other goods & salt yo'* may dispose of for
large bright Tob. furrs, or what you find most aduantagious. And
make yo*^ retumes of the whole to M*^ John Bagnall of London
Merch*. You will find by writings & letters to you of the Sale of the
•Negros. Pray doe what yo" can in itt M*^ Lees Agents if yo" & they
can agree for what Negros are lyuing as they were appraysed. Three
seuerall Bills of Exec* uppon M*^ Jn** Jefferies payable to M"^ Bagnall
for the whole sume of money, & drawne by the s^ Agent 20 or 30
dayes after sight will bee well, I am not able to write any more
hauing had a terrible feauer a weeke or more. There is 2 Trusse of
Linnen more then included in bills of & lye in the hold marked B,
N** 9 10, a uery small mark & N^
N** 20 E a firkin for M"^ Edniond Scarbrough not entred in the
Bill of Lading.
A fowling peece marked thus O
a hatt case marked B.
& a Trunk w*^ noe mark The Trunk is the french fashion about
Ten or 12 shillings price.
See the other side.
I left fowre Thowsand pownds of Tobacco in debts w*** M' Wil-
liam Boreman to receiue for mee. I desyre yo" to looke after it, and
to make a Returne of it to M"^ Bagnall in London.
I spent 3 Rumletts of drink conteyning fiueteene gallons w** was
in the Bill of Lading.
Will Backhous
I left the key of the Trunk w*** M' Richard Hobbs. I doe testify
that this Letter was the order of M"^ William Backhouse to John
Bateman.
John Home
Attested in Court 22*^ Aprill 1659.
Will" Bretton.
Endors**
To his louing ffreind M*^ John Bateman Merch* in Patux* Riuer
or else where this
dd
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270 Provincial Court Proceedings, 1659.
Liber April 22^ 1659
April* 23 All writts directed to the respectiue Sheriffs of
p. 233 S* Maries
Charies
Caluert
Anarundell
► Countes Ret. All Executed (none excepted)
Att a Prouinciall Court held in Caluert County on ffriday the 22^
day of Aprill 1659 ^^^ M*" George Reades howse.
Pnt«
Josias ffendall Esq*" Gou*" M*" Rob* Clearke, M*^ Baker Brooke
Philip Caluert Esq*^ Seer. Co** Nath : Vtie, M*^ Edw : Lloyd.
Anne Whereas att the last Prouinciall Court held att S* Maries 3** of
"^Ta'^Si^c March last, The ptf then Petitioned & requested to be possessed w^
Dodson a Seru*, belonging to the deft, on the behalf e of her Children, & under
attatchmS for a Debt due unto the s** Children from the deft, as
appeares uppon the Records of this Prouince And whereas by th*
Order afores** the Attatchm* was continued, & the Pef Ordered to
bring Certificate to this Court th* the deft had notice gyuen him of the
s** AttatchmS W^** the plf is not able to declare or say that hee had.
Yett the Board being certifyed th* some Inhab** here, had desyred
certaine liuers, neare Neighbo** to the deft, to certify him thereof,
to the end he might haue notice, & giue his attendance att this Court,
if hee should see cause therefore. Who not appearing eyther by
himself e or Attorney.
It is therefore Ordered, th* the ptf shall haue the seruant soe
attatched putt into her Custody ; & him to keepe till the last day of
Nouember next, Vnlesse the deft come afore th* time, & make proofe
th* the pff hath iniured him in her fores** demand. And if he ap-
peares not afore or att the V prefixed time, then the ptf to haue
Judgment, uppon default, for the residue of the s** seruants time,
And ffurther th* the ptf use all ordinary dilligence to giue the deft
notice of this Order.
Wickcs V. To the hon*^ Cap* Josias ffendall Esq"^ Gou"^ of the Prouince of
^^^"' Maryland, & his hon^^Councell
The humble Pet" of Joseph Wicks, Sheweth That in ffd)ruary in
the yeare (55) yo'^ Pef agreed w*** M"^ Richard Owens for a mayd
seruant, ffor w*^** yo' Pef was to pay unto the s^ Owens Two thou-
sand Three hund** pownds of good Tob in Cask, W** paym* was
well & truly performed unto the s^ Owens by yo"^ Pef, ffor w** fores*
summe of Tob, the s* Owens ingaged himself e unto yo"" Pef to deliuer
p. 234 him a Seruant sownd & in perfect health. But soe it is, th* the seru*
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Provincial Court Proceedings, 1659. 271
th* yo* Pet* had of the s** Owens, was uery much diseased w* the Liber
Pox, commonly called the ffrench Pox, & uery unable to doe yo"" Pef ^- ^- ^
seruice in his lawfull imploymS Being allmost consumed w*** the s**
disease, & was uery burthensome & chargeable unto yo*^ Pet*^, neare
about six or seauen months ; w*^** was all the time shee lyued w*** yo*"
Pet"^, Hee hauing often demanded of the s^ Owens satisfaction for
the dammage yo"^ Pet"^ susteyned & suffered by the s^ Owens non
p*formance accordinjg to agreem* w*** the s^ Owens will not in any
kind allow or p^forme to yo*^ Pet^
The premises Considered yo*^ Pet*^ humbly craueth this hon*^
Court seriously to weigh & consider, the great iniury & dammage yo*
Pef hath susteyned & suffered by the iniurious dealings of the fores**
Owens & th* yo"^ hon" would be pleased to graunt Order, th* the s**
Owens shall p*forme his bargaine & agreem* according to promise
unto yo*^ Pet*^ & to pay all such dammage & Charge as yo*^ Pef is
able to make appeare to yo"" hon" hee hath bene damnifyed, W** yo"^
Pef shall willingly referre to yo*" hon" wisdome, as in Justice &
according to Equity & good Conscience yo" shall finde iust cause,
& as in duty bownd shall euer pray &c :
The Depos"* of Anne Hinson aged 44 yeares or thereabouts swome
this 2^ of January 1657 Examined sayth.
That this Depon* was att the howse of Joseph Wicks a few dayes
after he brought home a woman seruant, th* the s^ Wicks had bought
as hee told mee of M"^ Richard Owens. And the s^ seruant com-
playned to this Dep* & sayd shee was uery sick & ill, & soare in her
boanes, & in her head & neck, & all ouer her body, & th* shee could
not well tume her selfe, & would haue shewed herselfe, or parts of
her body th* was soare, & this Depon* told her, th* shee did beleiue it
might bee some cold th* shee had taken, & did not looke uppon her
soares att th* time, But shortly after this Depon* was att the s** Wicks
howse, to speake w*** Richard Mores, Att w** time the s^ seru* com-
playned againe to this Depon* & sayd shee was uery ill & soare, th*
shee hardly lift her armes to her head, And in a little time after the s^
Wicks was gone to the manathos w^ the s** Moores, this Depon* was
w* her againe, goeing to M*^ Wards howse. And the sayd seru* went
as if it were exceeding paynfull to her to goe one step. And after this
Depon* came to the s^ Wickes howse shee demanded of Nicholas
Bradaway what aylded the mayde, for shee mett her goeing towards
M*^ Wards: & shee went as if shee were not able to goe. And hee
answered hee did not know, what a pox shee ayled, for hee thought
they should bee all poysoned w^ her, & in a little time after M"^
Ward & his Wife brought her home, & M" Ward called mee out of
dores, & told mee, th* her husband sayd, the wench had gott the p. 235
biggest pox th* could bee gott for money. And th* the wench told the
sd M** Ward : th* That Rogue Owens had gyuen it to her. And the s^
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272 Provincial Court Proceedings, 1659.
Liber Wards Wife told this Dcpon* th* there should bee some sodeine
P. C R. course taken w*** her for her cure or ells should rott away aliue, &
infeckt all the howshold, And this DeponV called the s^ Seru* in
priuate & searched her. And I found th* shee was in a uery loath-
some & perishing condicon. And I aduised the fores** Bradaway, to
gett M"^ Ward to lett her blood, & giue her physick, W*^'* was p*formed
by the s** Ward unto her, W*** physick accorded to the directions of
the s^ Ward was gyuen to her by this Depon* after the s^ Wickes
seruants or Bradaway brought her downe unto this Depon** howse in
a Canooe ; shee not being att th* time able to goe. And w***in two or
three dayes after shee was brought to this Depon** howse, I went w***
the s** Bradaway unto Cap* Will" ffullers. And this Exam** informed
Cap* ffuller the condicon th* the seruant was in, & th* the s^ seruant
told mee th* shee gott the pox of the s** Owens. And Cap* ffuller
replyed to this Depon*, th* hee did not looke by his Countenance to
bee such a man ; And this Depon* desyred some physicall means, or
any thing th* hee thought might giue her any ease of her payne, &
heale her soares. And the s^ Cap* ffuller did giue this Depon* some
medicines, & aduised her how to giue them to her, & how to make
use of them to dresse her soares. And the s^ seru* would bee allwayes
Crying uppon Owens, That Rogue Owens had undone her. And th*
hee had gyuen th* disease unto her, after the s** wicks had bought her.
And th* the s** Owens did make use of her body, after a uery in-
humane manner, & keepe her downe uppon her face, th* shee could
noe wayes help her selfe. And further this Depon* sayth th* being
aboard of Cap* Leech's shipp w* M*" Wicks & M*^ Carline, And M^
Owens being att the same p*nt aboard the s** ship. The s^ Wicks
demanded of the s** Owens, what his reason was to beate & abuse the
mayd after hee had bought her of the s^ Owens? & the s^ Owens
answered shee had a peremptory tounge. And the Wicks replyed,
see, or be sure yo" haue deliuered mee a mayd in p*fect health, ac-
cording to yo*^ agreem* & further sayth not, only thus. That when this
Depon* made the relaon as afores^ unto Cap* ffuller, this Depon*
sayd, th* shee thought the fores** seruant had the Cuntry disease,
And Cap* ffuller replyed. That yo" may call it the Cuntry disease, or
ff rench disease, or what yo" will ; but it is noe better nor worse then
the Pox.
Anne I O Hinson
Jurat Coram me John Russell. her marke
p. 236 The Depos" of Nicholas Bradaway aged 27 yeares or thereabouts
swome & examined Sayth this 5**^ of January 1657 ^n p*nce of Cap*
John Russell.
That about some two yeares or thereabouts, this Depon* being in
company w*** Cap* Wicks att M*" Owens howse, did heare M' Wicks
bargaine w*** the s** Owens for a mayd seruant : & the s** Owens de-
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Provincial Court Proceedings, 1659. 273
syrcd M*^ Wicks to lett the seruant remainc w*** him a fortnight or Liber
three weekes in regard the sayd Owens had a lame fellow, in his ^-^-^
howse, & had nobody to looke after him, Whereuppon the s^ Wicks
did condescend imto M*^ Owens desyre, conditionatly th* the s^ Owens
should deliuer the seruant unto the s^ Wicks sownd & in perfect
health, Whereuppon the s** Owens made some scruple of it att the
first, & went & fetcht out the seruants cloathing, & would deliuer her
p^sently. And M' Wicks replyed, th* if hee would deliuer her he
would carry her away w*^ him, The s^ Owens being loath to lett her
goe att th* time, did agree to deliuer the seruant sownd & in p*fect
health, unto the s^ Wicks, & further sayth not.
The N B signe of
Testis W" Leeds Cler. Nicholas Bradaway.
Will" Leedes being swome in Court doth affirme the same w*^
Nicholas Bradaway only th* he cannot remember the s** Owens
pretence of his lame man, & further sayth not
W» Leedes Qer.
The Depos" of Elizabeth Louely aged 40 yeares or thereabouts
Swome & examined this 9*^ Aprill 1659 Sayth, That Anne Gould
a woman seruant came unto this Depon** howse about three yeares
last past ; w^ was p*sently after M"^ Wicks had brought her home to
his owne howse, W** seruant, as he related had had bought of M'
Owens. And the s** seruant complayned to this Depon* that shee was
uery ill, & not able to goe, & desyred this Depon* to looke uppon her
soares, & tG tell her what it was, & this Depon* did looke uppon her
soares, but could not resolue her what it was. But aduised her to gett
Thomas Ward this Depon** then husband to looke uppon them, &
hee could resolue her. And the s** seruant did persuade this Depon**
husband to looke uppon her soares who came & told this Depon* th*
shee had gott the biggest pox, th* could bee gott for money, & the s**
seruant did curse the s^ Owens, & sayd hee had undone her, flfor shee
was well & in p*fect health before shee came to him. And this
Depon* & Anne Hinson did p*swade the fores** Thomas Ward, this
Depon** then husband to administer something out of pitty to her,
th* might giue her some ease or moderate the payne shee endured
untill her master Cap* Wicks returned from the Manathos, w** hee
did. And when the s** Wicks came home & imderstood of her disease ;
hee used all lawful! wayes & meanes to gett her cured, by appl)ring
himselfe to Cap* ffuller, & this Depon** then husband who did under-
take to use their best skill & endeauo" for her cure. And this Depon*
doth further depose, th* during the time th* the s** Seruant lyued w*^
the s^ Wicks, w^ was to this Depon** best remembrance about six or p. 237
seauen months, during w^ time the s^ seruant was in a uery loath-
some, stinkinc: & perishing condicon, & was uery offensiue, loath-
18
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274 Provincial Court Proceedings, 1659.
Liber some & dangerous unto all the s^ Wicks flfamily & might haue proued
P. C. R. ^^fy contagious unto their health, the disease not being knowne unto
the s^ Wicks or any of his family. Seeing shee had the ordering &
dressing of all their prouision, & washing their linnen, & further
deposeth not
The mrk of
Jurat Coram me Thomas Bradnox Elizabeth * Loueley
The Depos"* of Nicholas Bradaway aged 28 yeares or thereabouts
Swome & Examined this 9*** Aprill 1659.
Sayth, That about Three yeare last past this Depon* then lyuing
in the howse of Cap* Wicks, & had the charge of the s^ Wicks his
seruants, That Anne Gould a woman seruant th* the s** Wicks bought
of M"^ Richard Owens, the uery next day after the s^ Wicks brought
her home from the s^ Owens, unto his owne dwelling howse, the
sayd seruant complayned imto this Depon* & sayd that shee had a
great paine in her shoulder, th* shee coidd not lift her arme unto her
head. And from that time untill shee dyed, shee euery day was
worse and worse, & was uery loathsome w* the disease th* shee
had. This Depon* applying himself e unto Cap* ffuller & M"^ Thomas
Ward, did acquaynt them w*^ her Condicon, the f ores^ Cap* ffuller &
W Ward affirmed unto this Depon*, th* shee had the pox. And
further this Exam^ deposeth th* the fores^ Wicks did use all lawfull
wayes & meanes to seeke for cure for her, all the time th* shee lined,
w*** was about six or seauen months, all w** time the s** seruant was a
uery loathsome creature by her disease; & was by reason of the
loathsome smells & sents th* continually came from her, was uery of-
fensive & dangerous unto all the family: being the s^ seruant did
dresse all o*^ prouisions, & washed o"" linnen. The disease afores**
being uery loathsome, broke out uppon her, & this Depon*, & the rest
of the family being ignorant what it was, untill wee were informed
what the disease was, by Cap* ffuller & M*^ Thomas Ward, & further
deposeth not
Nichol NB Bradaway
Jurat Coram me Thomas Bradnox. his signe
The Pet" & Depos"* produced by the ptf being read, M"^ Edward
Lloyd in behalfe of the deft sayth. That hee was bownd for the
defts appearance, att this Court Yett not hauing any Ire of At-
torney at p*nt by him ; Offereth to produce a gratl Ire of Attorney att
the next Prouinciall Court, signed by the deft, constituting him the
s^ M*^ Lloyd his Attorney to all intents & purposes w*** in this prou-
ince. And ffurther the s^ M^ Lloyd offereth & declareth to the
Board, th* hee is content & will pay the Costs & charges of this cause
p. 238 himselfe, in case the deft shall not allow or stand to the determinaon
& iudgm* of this p*nt Court.
To w** offer the pff willingly consenteth.
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Provincial Court Proceedings, 1659. 275
Whereuppon the s^ M*" Lloyd willeth the ptf to prouc what is Liber
alleaged in his Pet". To whom the pif sayth th* hee hath shewed by ^' ^ ^
his testimonies read in Court th* the deft was to deliuer him a mayd
seruant sownd & in p*fect health, according to th* later Condicon
made w*^ the deft, he hauing made paym* of the whole summe of Tob
agreed uppon, w^ is not unknowne euen unto M*^ Lloyd himself e, as
he uerily supposeth & beleiueth.
And M*^ Lloyd acknowledgeth th* there was a G>llaterall contract
or bargaine made between the ptf, & the deft, & signed, concerning
this mayd seruant, w*^** was cancelled & deliuered in unto the deft
by the p*f, & thereuppon the deft ought not, to be molested, as con-
cerning th* contract. It appearing to the Court, That att the first
bargaine or agreem* for th* seruant there was noe doubt of her
health. But, because p*nt deliuery was not made, there might bee
some doubt thereof : otherwise th* CoUaterall bargaine had not bene
(ffor the seruant to be deliuered sownd & in perfect health as afores^)
Whereuppon the Judgm* of the Court is. That seing the deft did
contract or make such Condicon, as is proued, w*^ the pif, that hee
ought to haue performed his s^ condicon & contract w*** the ptf, w**
he hath not.
It is therefore Ordered th* the deft pay or deliuer unto the pif a
woman seruant for f owre yeares, & satisfy or pay the Charges of this
suite incurred this Court only, & noe further.
This Cause being respited the last Prou; Court & the defts At- q^^
tomey alleging, th* he supposed th* the plf had w*^ drawen his accon, Nathan :
because the ptf, nor his Attorney was not att th* Court, And it p^cr^*
being shewen imto the Court, th* the ptf himself e could not bee att Sharoe
Court, by reason of the year's ( ?) ff rost : & his Attorney was im-
ployed about his L^* & the Country affayres; neyther did the defts
Attorney motion to haue this Cause determined. It is therefore
Respited till the next Prouinciall Court.
To the Pef of the ptf in this Cause, & Respite the last Court ; The Cap* Tho:
deft not being personally present att th* Court, but by his Attorney, ^^w?Y*l9^'
Sayth, That he knoweth not what is become of the Condicon gyuen Saysey *^
to Thomas Gregory, Yett he acknowledgeth th* he passed a Condicon
unto the s** Gregory for seauen yeares, for a small parcel! of grownd
adioyning to his plantaon, or cleared ground. Vid. f ol. 178
The ptf sayth th* he understands th* the Condicon was for nine
yeares, & th* the deft forced, in a manner the s^ Gregories Wife,
after her husbands decease to leaue her howse builded on th* grownd,
& goe of her plantaon allso, and further th* the ptf hath euer since
made use of th* grownd & bowsing, & to th* eflfect produceth these
Testimonies.
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276 Provincial Court Proceedings, 1659.
Liber Anne Cranly sayth uppon oath in open Court th* the deft did not
^p^239 P^^ ^^^ ^^* ^^^ plantaon : but told her th* shee should not bring
another to Hue there w*^ her ; for by th* meanes hee mought bee eate
out of howse & home, & shee further sayth th* the Lease was
missing, or lost halfe a yeare before her husband Gregory dyed.
Michael Cranley deposed likewise sayth, That Two yeares agoe
hee saw Tobaccho stalkes uppon th* plantaon or grownd formerly
belonging to Thomas Gregory, But saw not the Tob g^rowing there,
yett he beleiueth th* eyther Michael Baysey himselfe, or some other
planted there th* yeare.
Rob* Macklin deposed allso sayth. That uppon th* grownd V* was
Gregories there was cleared grownd for about fine thowsand plants,
& th* the Come grownd was fenced together w* Michael Bayseys.
The Judgm^ of the Court is th* the pif, being Admistrato"' to the
fores** Thomas Gregory, ought to haue the benefitt of the Lease.
Ordered therefore th* the deft pay unto the Admistrato* 20cf Tob,
& Two barrells of Come, for the two yeares he made use of the s^
Gregories grownd : & make the pff satisfaction for the time remayn-
ing of the s** Lease, or ells to deliuer quiett posses" of the Land
according to the Lease unto the plf .
Aprill aoth I miles Cooke, master or Comder of the ship Baltemore, doe hereby
Husbands v! constitute & appoynt my louing ff reind Will" Coursey gent" my trae
Cooke & lawfull Attbmey, to answere to all suites or accons w** any wayes
conceme mee this p*nt Court, And what my s^ Attorney shall doe
herein, I doe hereby ratify & confirme, as if I were personally
present, Binding my selfe moreou* to pay all dammages, in w*^ my M
Attomey shall be cast in, wittnes my hand
Wittnes, Will" Bretton Miles Cooke
To the hon*^ the Gouemo*^ & Coimcell
The humble Pef* of Rich: Husbands Sheweth, That yo"^ Pet*^
hauing about seauen yeares since transported diuers Scotts into
Virginia, sent them from thence into this prouince in his sloope, by
Cap* Cooke then yo*" Pet" mate. Who when hee came into this
prouince, landed them att the howse of Will" Edwin, where they
remayned some time, the charge whereof yo"^ Pet*^ satisfyed to the s^
Edwin. Yett soe it is, th* about a yeare or two after, the s^ Edwin
arrested Captaine Cooke, for the Charge the s^ Scotts had putt him
to (yo"" Pet' being then out of the Country) & thereuppon obteyned
& serued an Execuon uppon Three hogsheads of Tob aboard of the
ship goulden ffortune Cap* Tilghman Comander, for th* debt form-
erly satisfyed by yo*^ Pet*^ as afores** to yo"^ Pet" greate dammage.
In tender Consideraon whereof yo*^ Pet' humbly prayes th* hee
may haue satisfaction for the s** Tob, w*** such dammages susteyned
^
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Provincial Court Proceedings, 1659. 277
by yo^ Pet" want of th* Tob th* yeare, being uery deare & yo' Pet^ Liber
shall pray &c: ^•^•^•
Whereas there appeares an account under the hand of Cap* Miles p. 240
Cooke for fiue hund*^ twenty seauen pownds of Tob.
The Judgm* of the Court is, th* Cap* Husbands summone Cap*
Cooke before Philip Caluert Esq^ Secretary of this Prouince, to giue Vid. fol. 265
a satisfactory answere, how th* account was satis fyed, And both
pities to stand to his arbitraon or iudgm*.
This suite being on a Respite ordered the last Court the Deft pro- M^ Raph
duceth these other wittnesses, & the former allso according to th* j/w^Janc'
former Order to be sworne Viue uoce att this Court. ,^??^'^
Vid. fol. 17s,
Humphrey Warren deposed sayth That about this time two yeares, et seq.
hee saw M' Starkeys Mare, & Two stone Colts following her, The
one being about an handfull lower then the other, & allmost of one
colour. Only the lesser was more bay, & th* hee uerily beleiueth th*
the horse now in dispute was one of those Colts, th* this Depon*
saw following the fores** Mare.
Leiu* Thomas Trueman sayth, th* hee tooke up M" ffenwicks
Mare att S* Maries, & kept her up in M" Stone Calfe pasture. And
M" Stone riding to Mattapanian tooke the s^ Mare, & left her Colt
behind, & comming home againe, the Colt was gone out of the
pasture, And th* this Depon* stayd two dayes for the Colt, w** re-
turned not, & thereuppon this Depon* brought the mare up to M"
ffenwicks Plantaon w^^'out the Colt, & cannot say th* the horse now in
dispute bee th* Colt or not.
John Biggers Dep"* Vid Supra fol. 176
Will" Innis dep"* Vid. supra fol. 177.
Rob* Mackay sayth That hee this Depon* hath beene Groome to
some Create p*sons both in Scotland & England for the space of six
yeares & being desyred by the deft to looke in her Roand horse
mouth. Doth declare th* the s** horse is fiue yeares old. In case th*
horses follow the same course in this Country as they doe in
England.
Thomas Gerard Esq*^ doth declare uppon his owne knowledge th*
the same markes, th* was the rules in England, by experience this
Depon* doth find to bee true in this Country, & being intreated by
M" ffenwick to looke in her Roand horse mouth, did, & doth there-
uppon declare th* the s** horse is fiue yeares old this grasse
Tho : Gerard.
John Bogue, Sa)rth, That on the first of ffebruary last hee this
Depon* did goe w*^ the deft to New-Towne to a Court & there
meeting w*^ M' Mathews, this Dep* heard the deft say to M' Math-
ewes, th* now shee had gotten further euidence concerning her
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2/8 Provincial Court Proceedings, 1659.
liber horse, ffor sayd shee my neighbo'' John Reade being att S^ Maries
P.CR. (about six weekes before I tooke up this horse) to take up a mare,
w** hee had brought of Cap* Mitchell, & bringing her up w^ Will"*
Boremans Mare into Cap* Stone's Cow-pen, There was a Roand
P- 241 horse amongst them, w** was this horse of mine. The s^ John Reade
asking Rob* Hill whose Roand horse th* was? the s** Hill replyed th*
hee was M" flFenwicks horse, Whereuppon John Reade asked the s**
Hill to lend him a Roape, to take up the s^ horse, ffor (sayd hee)
I heard M" ffenwicke say, th* shee will send downe for him, M^
Mathews replyed That hee would say, or sweare as much as all that
comes to, ffor this I can say (sayd hee) That this is the horse th*
was allwayes taken for yo".
John Bogue allso further sayth. That sometime in Octob^ last was
tweluemonth hee did goe w*** M" ffenwick to S* Maries to M*^ Math-
ews howse, where hee heard M" ffenwick aske M^ Mathews, if th*
he had scene her horse? Who presently asked her of what colour
her horse was? shee sayd, hee was a Roand horse, & had three white
feete, & a white stripe downe the face. M^ Mathewes presently
replyed th* that was none of his horse, for (sayd hee) my horse hath
fowre white ffeete, & is white from one eye to the other, But the
horse th* hath allwayes gone in yo' name M" ffenwick (sayd M'
Mathewes) Cap* Comewaleys hath taken up, & hee is lame of his
legge, ffor Cap* Comewaleys hath made the s^ horse to swimme
ouer S* Inego's Creeke, into my neck of Land, & w***out yo" take him
up & looke after him, infallably hee will be lost, ffor wee (sayd hee)
did take him to bee the Preists horse, thinking th* the neighbo" might
be mistaken in calling him allwayes yo*^ horse: because wee knew
not, whither yo" had a horse here or not. But this is the horse th*
euer was called yo^ horse. M" ffenwick replyed That shee was then
come downe on purpose to fetch home her horse, & for th* end had
brought John Bogue w*^ her. But sayd shee I must goe to the
Crosse tomorrow to giue Cap* Comewaleys & his Lady a uisitt, & as
I returae back, I will take up my horse, Whereuppon M^ Mathewes,
sayd If the horse bee yo" M" ffenwick yo" were best looke after
him, or infalliably hee will bee lost, ffor wee (sayd hee) looking up
Our horses lately, & finding a horse left wee tooke up this horse,
thinking th* hee was the Preists, But (sayth hee) if the horse should
proue to bee the Preists, yo" would haue satisfaction for yo^ labour
w*** out question, M" ffenwick answered th* shee would take up the
horse as her owne, & thereuppon desyred this Depon* & her sonne
Cuthbert to goe take up the horse ; M' Mathewes being p*nt sayd.
That this horse had euer gone in the name of yo' horse, untill w*^in
these six weekes. And this Dep* further sayth, th* as soone as hee &
Cuthbert ffenwick came in sight of the s*^ horse, hee this Depon* sayd
That this is the horse by his Naturall markes, & as soone as hee this
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Provincial Court Proceedings, 1659. 279
Depon* brought the s** horse to M" ffenwicks, shee sayd th* shee Liber
knew him by nothing but by his naturall marks, & further sayth not. ^' ^- ^
I Cuthbert flFenwick am able to sweare to all this as John Bogue p. 242
in his former Depos", Excepting only, I doe not remember th* I heard
M*" Mathewes say, th* Cap* Comwaleys had made the horse, w*^in
mentioned, to swimme ouer S* Inegos Creek into M' Mathewes neck
of Land.
Cuthbert ffenwick.
Martin Kirk aged 42 yeares swome sayth, That about Michaelmas
last was fowre yeares or thereabouts, this Depon* comming from S*
Marie to his owne howse, & sitting downe in the woods to take a pipe
of Tob. did see a white roand horse colt, w*^ a white streake downe
the face, quite to the nose & did see the s** Colt runne to M" ffenwicks
white mare (w^ Docto* Barber now hath) & suck her. This was
uppon the left hand of the path. And uppon the right hand of the path
there was a Roand Mare, & a Browne Bay Colt, & a Black mare &
Colt, & many other horses, but whose they were this Depon* knoweth
not. And this Depon* further sayth th* the Roand horse now in the
posses'* of M" Jane ffenwick is the same horse th* hee saw suck M"
ffenwicks mare in the woods as afores*^ & further this Depon* sayth
not.
The Depos"* appearing positiue. It is Ordered th* M" ffenwicke
keepe & possesse the s** horse.
In this Cause John Anderton Gent" deposed Sayth, That M" Rob* M« Jane
Taylo' told M» Eltonhead when shee deliuered the note, for to Mrldmf ""'
demand his the s^ M^ Taylo" Bill from Will" Berry, That hee would Scar-
pay her the Order of Court w*^** was fiueteene hund*^ pownds of Tob, ^^^^^
And th* hee was glad hee had th* note to demand his Bill in, & would
rather pay it to her, then to another. And th* that Bill due from M*"
Taylo', was belonging to M^ Scarborough.
Whereas the pif by writt of scire-facias hath summond M' Rob*
Taylor & James Veitch unto this Court, to shew cause why Judgm*
should not passe. And Exeq° issue forth agst the Estate of M^ Ed-
mond Scarborough (according to a former Order of Court in this
prouince) for ffiueteene hund*^ pownds of Tob & Cask, There being
much more of the s*^ Scarboroughs Estate in their hands as shee
supposeth. The s*^ Taylo* making appeare to the Court th* hee hath
payd out of a Bill due to M^ Scarborough of Two thowsand three
hund** pownds of Tob, by Execuon & Receipt one thowsand fowre
hund** Twenty seauen pownds of Tob. It is Ordered th* the s** M^
Taylo' pay the Remainder of the s^ Bill to witt seauen hund** seau-
enty Three pownds of Tob unto the pIf , And th* the pif be left, to gett
the residue of her demand, according to law elsewhere.
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28o Provincial Court Proceedings, 1659.
Libcr M' Attorney Grafl on the behalfe of the L** Prop* doth present
Attornw Samuell Goosey & Thomas Barbery for putting of, or paying a hogs-
Gcncrai v. head of Tob w*^ grownd leaues contrary to the Act of Assembly
^aSe * last yeare.
And the Gouemo* uppon their submission, & promise of amend-
P- 243 ment for the future, hath pardoned & dismissed them, Only they
paying M*" Attorney his ffee for prosequuting, to witt. Two hund**
& fifty pownds of Tob.
To the hon"* the Gou* & Councell of Maryland
^^^- The humble Pef* of Thomas Carye Sheweth That whereas Daniel
Golson is & standeth indebted unto yo' Pet^ one Cow w*^ Calfe, or a
Calfe by her side : w^ yo^ Pet' liketh best to chuse, w*'** Cow & Calfe
was to be deliuered to yo' Pet' or his assignes att or uppon the last
day of Aprill, or the first of May last past according to Agreem*
made betweene them both, as shall be made appeare. Now soe it is
th* the s^ Cow hath bene seuerall times demanded, & noe deliuery
made thereof to the dammage of yo' Pet', for the want thereof.
Yo' Pet' therefore prayeth for an Order for satisfaction of the
s** Debt w*** Costs of suite, & damage sustejmed, & hee &c :
The pif produceth in Court testimonies to proue what is alleged in
his Pet" agst the deft.
Will" Chaplin swome sayth, That M' Carye receaued the last
yeare of Dan: Goulson Two hogsheads of Tob, Both w^ after
prouing faulty, were broake up, & One hogshead made thereof, the s**
Goulson consenting therto. And in Consideraon of the Remainder
of the Tob, M' Carye Returning allso some Come to the s** Goulson,
was to haue deliuered him by the s^ Goulson One Cow w*^ calfe, or a
calfe by her side by the last of Aprill or the first day of May last past.
Thomas Wright Jurat idem.
John Knap being lawfully summoned as a wittnes in this Cause &
Vid. fol. 293 appearing in Court. But refusing to giue his testimony uppon Oath,
Is adiudged to pay imto the L** Proprietary fine hund** pownds of
Tob according as is specifyed in the writt. Exeq"* issued &c :
The deft (by his Attorney) sayth That hee is much intruded on,
when as the Two hogsheads (afterwards repack't) made one good
hogshead weighing 500* Tob. & th* there was noe lawfull demand
made of the Cow.
But it being proued in Court, th* the pifs Ouerseer went seuerall
times to the deft, & demanded this. Cow, att the day agreed uppon :
& that the deft had not any of his owne proper stock then fallen,
when demanded, but what did to his Children belong : & being their
Estate.
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Provincial Court Proceedings, 1659. 281
It is Ordered th* the pif choose out of the defts owne stock One Liber
Cow, & one calfe, th* was calued about the last of Aprill or in May ^- ^- ^
following. And the deft to pay Court charges.
Whereas Cap* Thomas Comewaleys hath petitioned this Court for Corncwalcys
an Order agst the Estate of Cap* Will" Mitchell for One Thousand vid fS"
pownds of Tob. attatched in the hands of M^ John Bateman, the & ^o^- 3^4
Attatchm* being Ret. this Court, It is Ordered th* the Attatchm* be ^* ^
continued, & th* the Executo^ or Admistrato' haue notice gyuen him,
by the next Prouinciall Court, Otherwise the Court to proceed to
Judgm* in case noe appearance be made.
Whereas att the last Prouinciall Court held 24^ flFebruary M^ ^^ Dandy's
Attorney Grail on the behalf e of the L** Prop* demanded a serut, vid. foL 163
as belonging to the Estate of John Dandy, of M^ Richard Hotchkeys,
W** Cause was then respited till this Prouinciall Court, to the end th*
ffrancis the Wife of George Beckwith bee p*nt in Court, as by the s^
Order may appeare. According to w** s** Order George Beckwith
on the behalfe of his Wife appearing & being not able to prone the
contrary, but th* Judgm* passed agst John Dandy, by reason of her
misdeano', shee then lyuing in the s** Dandies howse, as by another
former Order may allso appeare.
The Judgm* of the Court is th* the s^ flFrancis ought to satisfy to
the L** Prop* th* seauen hund** & fifty pownds of Tob, recouered out
of the s^ Dandies Estate (by reason of her misdemeano') according
to th* Order of Court.
And Ordered th* George Beckwith, marryed the s^ flFrancis, &
possessing her Estate satisfy the same to the L** Prop* as afores**.
The plf sheweth by his Pet", th* he did worke for the deft att Hujrh Bcvin
Hebdens Poynt, for w**» he demandeth 1640* Tob, W*^ the deft will qSzIT"^"
not allow, & refuseth to satisfy. And further th* he made the deft
his Attorney to receaue certaine Tobacco, in Virginia due to him,
w** the deft denyeth to haue receaued, (though the plf beleiueth or
supposeth the Contray) & will not come to an account therefore, &
To proue his first allegaon produceth his testimonies.
James Hall deposed sayth That himselfe sett up the flFrame of a
howse twenty foote long, & fiueteene foote wide (all but the studds)
att Hebdens Poynt, And further th* hee this Depon* putt up the
Posts of the Welch Chimney, All the Rest of the worke Hugh Benin
finished. And th* he saw the s** Benin att worke on the other Twenty
foote howse, but cannot declare whither the s*^ Benin finished it,
or not.
Edmund Nanfan deposed sa)rth. That hee was p*nt att the bargaine
made betwixt Richard Abrahall & Hugh Benin, And Benin was to
sett him up, Seauentie flfoote of howseing; whereof there was a
twenty foote howse built. And the frame of the fifty foote howse
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282 Provincial Court Proceedings, 1659.
libcr was brought in place, & some boards riud' for to couer it, & drawne
P. C R. allso, And M' Ouerzee sayd hee would not meddle in it, butt bad
Abrahall goe through w**" the bargaine.
Peter Caradin sayth uypon Oath That Seauenty f oote of howseing
was agreed uppon to bee built att Hebdens Pojmt. This Depon*
helping to bring in the timber, The twenty foote howse was built by
Benin ; & the. fframe of the fifty foote howse brought in place, But
the finishing thereof was neglected by reason of the want of helpe
to attend the Carpenter,
p. 245 To all w*^** the deft Sayth, th* hee made noe Condicon or agreem*,
for the s** building w*** the plf : & therefore the plf ought to seeke his
remedy agst him who sett him to worke.
And the pif inferreth th* the deft was Copartner w*** him, who
hyred him.
Edmond Nanfan deposed, sayth. That Richard Abrahall declared,
and shewed him this Depon* a Condicon w*** M^ Ouerzee, w^ was
for Ten Cowes, & the Land att Hebdens Poynt, & some other things.
And the deft sayth th* there were noe CondicSns written & signed,
but only certaine Verball Condicons of partnership passed betwixt
Abrahall & himself e, Yett denyeth not but th* there mought bee some
heads of agreem* or condicons, & w** might perhaps bee written by
himself e about their partnership, w** was intended.
Vppon the Euidences allready gyuen It is Ordered, th* the deft
pay unto the plf six hund** pownds of Tob forthw***, in consideraon
of his labou' allready imployed att Hebdens Pojmt. And further th*
the pif sett up & finish the fifty foote Tob howse, & ryue sticks to
hang Tob on : w*** other things necessary to putt Tob in, by the last
day of August next ensuing, Prouided th* the deft assist, & find
sufficient help to gett in the timber in place, for the finishing the
same : w*^ other necessaries according to the former bargaine.
Whereas in the last part of the pifs Pet"* or allegaon, hee sayth th*
hee appoynted the deft his Attorney, To w^ the deft sa)rth, That hee
hath not receaued any of the pifs debt in Virginia, And produceth
certaine accompts & Bills of the Hfs (w** being cast up) amount to
1649* Tob, w^** he hath payd for the pffs use as is alleaged, & there-
fore desyres iudgm* of Court for the same, Whereuppon the pif
acknowledgeth himself e in open Court, to owe & stand indebted unto
M' Symon Ouerzee deft, in the full summe of One Thowsand fine
hund** fowrty nine pownds of Tob, & Cask, & doth further acknow-
ledge Judgm* for the same.
The Court adiomed by the Gou* till tomorrow morning.
Coraewaleys Cap* Thomas Comewaleys demands warr* agst Zachary Wade.
V. Wade ^arr* to the Sheriffe to arrest &c : & to putt in security to answere
to the Compl* of Tho : Comewaleys in Chancery, Concerning a seru*
deteyned & belonging to the Estate of Cap* Will" Mitchell.
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Provincial Court Proceedings, 1659. 283
Writt to the Sheriffe to wame Will" Woodroffe to attend the Libcr
Court to testify in ditt. caa. Subpoena 500* Tob. p Za : Wade ^- ^- ^•
Writt to the Sheriffe to wame M' Joseph Wicks to attend the ^^^^y^^'
Court to testify inter John Salter, & Thomas Sowth, Sub poena,
506* Tob. p Salter.
Saturday 23*** Aprill 1659.
All p*nt as yesterday ^^ ^
To the hon"* the Gouemo*^ & Councell of Maryland. Thomas
Corawaleys
The humble Pet" of Thomas Comewaleys Sheweth, That where- v. Henry
as Will" Stephenson did surreptitiously gett into his posses" a large ^^
fowling peece of yo^ Pef*, W** being demanded by yo*^ Pet' of the s**
Stephenson, or th* he must enter an accon agst him for it, being then
in p*son att the first Pou : Court, held for this prouince by this p*nt
Gou^ The s** Stephenson desyred yo' Pet' to forbeare &, promised
satisfaction therefore to yo' Pet'. But he neuer came before his
death, since w*^** yo' Pet' hath demanded satisfaction of the Widow,
& of Henry Ellery now husband to the Widow, But both refuse,
Wherfore yo' Pet' humbly prayeth the s** Ellery may bee Ordered to
retume the s** gunne p*fectly fixed, or satisfaction therefore, & hee
shall pray &c :
To the Pet" of the plf , The Deft sayth That Cap* Waring & other
soldiers, who came from Seauerne deliuered this Gun, now in dispute
to M' Stephenson his predecesso', & att his earnest request : It being
taken by them from out Cap* Stones howse.
Patrick fforrest aged 30 yeares or thereabouts sworne & examined
this 9*^ of Aprill 1659 Sayth, That in Aprill Ano 1655, being att
Cap* Stones howse, (there being M' Durand, Cap* Waring, Cap*
Smith, Cap* Wicks & seuerall others newly arryued from Seauerne)
he this Depon* heard M' Stephenson make a great complaynt for a
gun ; Saying hee was a stranger, & newly come into the Country, &
th* it would bee a greate preiudice to him if they tooke his gun away,
& hee complayned likewise th* hee could not find his owne gun, or
words to th* effect, & hee this Depon* sa)rth, th* he heard those aboue
mentioned, to bid him goe into the Hall, & make choyce of a gun, &
further sayth not. Patrick fforrest
Sworne before mee Richard Willan
Cap* Sampson Waring informeth the Court th* M' Stephenson
had a gun deliuered him from out Cap* Stones howse, but whither it
was his owne gun or not, hee cannot remember.
It appearing to the Court th* the s** Stephenson hid first his owne
gun, & then came, & entreated for a gun; & soe had another gun
deliuered him (as the deft himselfe acknowledgeth, & th* he brought
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284 Provincial Court Proceedings, 1659.
Liber Two guns to his owne howse home w*** him) When as the Soldiers
P. C. R. ^j^Q gj^y^ ^^ gd Stephenson th* gun intended, but one gun only to
him.
It is therefore Ordered (it not being w^^'in the compose of each
of the Articles) That the deft eyther restore the s^ gun or ells
satisfaction therefore to the pif, according as is demanded in his
Pet" w*^ Costs of suite.
^ v"^^e Zacharias Wade Admistrato' of John Wade Ch)rrurgeon acknow-
' p. 247 ledgeth Judgm* to Cap* Thomas Comewaleys for sixty seauen
pownds of Tob, It being the remainder of a Bill due to the s^ Cap*
Comewaleys from the s** John Wade, for fowre hund^ & seauen
pownds of Tob.
To the hon"* the Leiu* & Councell of Maryland
^'^(fe^ The humble Pet" of John Williams humbly Sheweth That yo^
Pet' made a Crop of Tob & Come the last yeare att M' Symon
Ouerzees. All w^ Tob & Come the s^ Ouerzee deteyneth & denyeth
to giue yo' Pef any account thereof. Reseruing what euer did
belong to yo' Pef, to his owne priuate use. W^ yo' Pef conceiueth
by his late fault, (by yo' Qemency pardoned) to belong rather to the
L** Prop^ Now soe it is th* yo' Pet' is left destitute hereby of all
subsistance for the future, & for want of Come, not able to worke
for the maintenance of himselfe, & his poore family this yeare
following.
According to yo' hon" former clemency yo' Pef most humbly
requesteth th* hee may haue his Come allowed him for his subsist-
ance only & those waring cloaths w^ M' Ouerzee deteyneth & hee
shall euer pray &c :
To the pifs Pet" the deft sayth. That the Come w** the pif made
on his grownd this last yeare was not considerable, when he the deft
had taken 4 or 5 shares out of it; & the pifs share could not bee
sufficient to mainteine him, his Wife, & child, & therefore hopeth th*
the Court will not compell him to allow the plf Come for all his
family. And as to the Cloaths, the deft sa)rth th* though he p*mitted
the plf to weare them, yett they did not belong unto him as his owne,
when as they were the cloaths of his seruants who dyed in his howse,
Besides th* the plf is indebted unto the deft, & not able to satisfy him,
his ddbt
The Court considering, th* according to the Law & Custome of
this Prouince noe Inhab* thereof ought, or may be depryued of all
liuelyhood & subsistance : & th* Come & other necessaries allso haue
bene protected from Exequuons : & the plf hauing made a Crop, both
of Come & Tob, att the defts howse, & for the defts benefitt, as is
supposed.
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Provincial Court Proceedings, 1659. 285
It is therefore Ordered th* the deft pay unto the pif Three barrells Libcr
of Come eyther att his owne dwelling howse of S* Johns or betwixt ^- ^- ^•
his howse & S* Hierom's w*^in one month.
Calu*t County. Command William Dorington & Anne his Wife Smith v.
to hould to Richard Smith of S* Leonards Creek in Caluert County ^^""8t<>n
in an accon of Couen* to him the s^ Rich : Smith of One hund** Acres
of Land, Lying on the West side of S* Leonards Creeke (called
Smiths Joy) one dwelling howse, one quarter howse, & one Orchard,
Three Tob. howes &c :
Josias ffendall
And the finall Concord betweene the fores** parties is. That the s**
Richard Smith shall peaceabley enioy, the s^ hund^ Acres of Land,
mentioned in a Patent or Graunt to him the s** Will" Dorington p. 248
bearing date the fowrth day of August 1658, & Lying on the West
side of S* Leonards Creeke as afores** w*^ one dwelling howse, one
quarter howse, one Orchard & Three Tob-howses, to him & his
heyres or assignes for euer.
Whereas James Veitch pif hath petitioned this Court agst John Veitch v.
Day, AUeaging how the s** Day being arrested att the suite of Will" *^
Chaplin, & refusing to putt in security to answere the s^ suite the ptf
was obliged by uertue of his Sheriffs Office to secure the defts person
for one hund** & seauen dayes, for w** he demands 2140* Tob of the
deft. The deft sa)rth th* he refused not to putt in Bayle : for hauing
occasion to goe ouer the Riuer about his affayres he profered him
M' Tho. Thomas to be his Bayle; & th* he rema)med w*** the pIf
about Ten dayes before he profered him this security, during w***
time the ptf tended on him not aboue three dayes att the most, &
further th* the pif permitted & allowed him to goe & stay att his owne
howse, (w** the ptf himself e acknowledgeth hee did)
The Judgm* of the whole Board is, th* the deft pay unto the pif
(for those three dayes hee tended on him, as his prisoner) sixty
pownds of Tob & noe more, & allso pay Costs of suite.
To the hon"* the Leiuten* & Councell of Maryland
The humble Pet" of Thomas Gerard Sheweth That John Jarbo, Gerard v.
& Walter Pakes being indebted ioyntly unto yo' Pet' by Bill Thir- {f[^^ *°^
teene hund** & Twelue pownds of Tob & cask, yo' Pet' hath seuerall
times demanded the same, yett they still putt of yo' Pet' w*** delayes,
much to his hinderance this yeare.
Hee humbly therefore Craueth Order for p*nt satisfaction &c :
To this demand Walter Hall deft sa)rth. That hee hath payd by
the pif s order to M' Henry Meese seauen hund** Twenty one pownds
in part of th* Debt, as appeareth by his Receipt on the back side of
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286 Provincial Court Proceedings, 1659.
Ubcr the Bill, And as for the Remainder being fiue hund^ Ninety one
P. C R. pownd, the s^ Wallter Hall in behalfe of himselfe, & John Jarbo
acknowledgeth Judgm* for the same in open Court
Gerard V. To the hon"« the Leiuten* & Councell of Maryland &c:
Evans
The humble Pet" of Thomas Gerard Sheweth That yo' Pef
had an Exequuon serued uppon his Estate by the appoyntm* of Cap*
Will" Euans, who hath charged yo' Pef in his writt of Exeq" fiue
hund** fowrty Two pownds of Tob more then is due to him, &
more then yo^ Pef ought to pay, for the Costs of th* suite.
Hee humbly therefore craueth th* by Order of this hon"* Court
p. 249 the s^ Cap* Euans repay unto yo*" Pet', the s^ summe soe uniustly
executed ; much to yo' Pet" dishono', w*** dammage. And &c :
The deft sayth That according to th* former order of Court &
Verdict of the Jury, hee had Costs of suite gyuen & allowed him,
And this Costs, whereon the plf demurreth, was for Sheriffs ffees, &
Clerks ffees, expended att Patux* Court, (before the late surrender of
the Gouerm*) & to them payd, as he can make appeare, & further th*
he hath not receiued yett one pownd of Tob Executed, from the
Sheriffe. And the plf affirming th* he profered the deft paym* of
his whole demand, saue only 442* Tob, And Euidencing to the Court,
th* the Sheriffe hath Executed 1362* Tob. for dammages only.
It is Ordered th* fiue hund** & Twelue pownds of Tob, (it being
Costs expended in th* former Patux* Court) be deducted out of the
fores** sume & repayed back unto the plf, by the deft, w*** Costs of
suite. M' Seer Judgm* is, th* the Sheriffe ought to be resposable for
the Tob deducted, & not the i*f , M' Qearke ide" Rdiqui res ut
Supra.
Re Chandler Cap* Sampson Waring brought in M^ Chandlers Bill for his fine
for 15006* Tob dat 27^ day of Aprill 1655 W** is Cancelled in
Court.
Attorney M' Attorney on the behalfe of the L^ Prop' complajmeth agst
ThuMton Thomas Thurstone, & requesteth that hee be brought afore the Board
3 Md. Arch, to answere for himselfe, ffor th* in contempt of his L^* Lawes he
oun. 353 j-gfyg^ formerly to subscribe take the Ingagem* (according to Act
of Assembly prouided) for w^ hee hath bene allready banished.
Yett notwithstanding hee hath presimied againe to come into this
prouince, & ref useth still to comply & f ullfill the Law, & take oath of
ffidelity to his L^ as is in th* Case prouided, uppon his retume into
the prouince againe. Whereuppon the Prisoner being demanded
what he hath to say in that he hath broken the Law ? & not giuing
notice of his arryuall &c. To w** He sayth, he ought not, & cannot
sweare, & that being pressed w*** an Oath, sayth, thereby he is denyed
his liberty, & the liberty of a Subiect.
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Provincial Court Proceedings, 1659. 287
M' Attorney proceedeth & sayth, That his Disciples or ffollowers Liber
by his instigaon & Councell are the only persons, who comply not, but ^" ^* ^*
breake the Lawes of this prouince & therefore desyres the Court to
proceed to Judgm*.
And thereuppon It is Ordered, th* according to the Act the s^
Thurstone remaine in the Sheriffs Custody close Prisoner w*^out
bayle or mainprize for a Tweluemonth from this day, unlesse the
Gou* & Councell shall see cause to release him sooner.
Mittimus to the Sheriffe according to the Order.
Richard Smith Attorney Generall on the behalf e of the Right P- 250
hon"« the Lord Proprietary of this Prouince Sheweth That Daniel g^^^v
Hutt Master of the Barke called the May flower, not being an Hutt
Inhab* of this Prouince, did w%ut Lycence uppon the 29*^ day of
March last, att Pamaunkey, in Pascatoway Riuer, & diuers times
since w*^ the Indians, Inhabitants w^^'in this Prouince for Corne
unlawfully trade ; & in the s^ Barke, the s^ Come endeauo' unlaw-
fully out of the Prouince to transport, w*^out lycence first had &
obteyned contrary to the seuerall Lawes, in th* Case prouided. And
prayeth th* the Court will according to the s** seuerall Lawes agst the
s^ Hutt, & the s^ Vessell to proceed. The deft sa)rth th* hee hath not
broken the Laws or Acts of this Prouince in soe trading, as is
alleaged. And if any thing was committed by him in th* kind, was
through ignorance done, & not in contempt of the gouerm* or Lawes
of the Prouince. And preferd' his Pet** to the Board to th* effect.
Whereuppon the Wittnesses were examined.
Thomas Payne swome in open Court, Sayth, That hee went in
the Vessell belonging to M^ Hutt up Patowmeck Riuer, to a Towne
called Pamaunkey & th* the Indians brought Come to the shoare
side, & the Barks company in their owne Boate fetcht itt aboard.
And th* there were more guns in the Vessell then usually they did
carry to secure it : But knows not whither any of the s^ guns were
sold or noe : ne)rther saw hee any of them carryed from aboard, And
th* hee hath seene but little powder in the Barke, Nor knoweth hee
w*^ what kind of Truck, the Corne soe brought on board was pur-
chased w***, from the Indians, (hee being neuer but once ashoare),
& that M*" Dodman & one Maphey went up the Riuer in the s** Vessell
allso.
John Walton aged 36 yeares, or there abouts swome & examined
sayth That Cap* Stone, & hee this Depon*, being up att Patowmeck,
in Patowmeck Riuer, mett there M*" Daniel Hutt w^ a Barke, & th*
the Barks Boate was up the Creek trading w*** the Indians, & Daniel
Hutt, & Robert Maphyes tould this Depon*, th* they had bought
more Come then they had yett aboard & he further declareth, th* the
same day hee this Depon* was buying Come & the s^ Maphyes
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288 Provincial Court Proceedings, 1659.
Liber bought the Come from him of the Indians, hec paying in priuate for
P. C R. j^^ gQg ^j^t ^i^jg Depon* knoweth not what Truck, they gaue for it, &
further sa)rth not John i Walton
Jurat Cora Josias ffendall his marke.
Attested allso by the s^ Walton in open Court.
Thomas Mitchell Mariner aged 38 yeares or thereabouts swomc &
examined sa)rth That about the 29*** of March, hee went up Patow-
meck Riuer in the Vessell commonly knowne by the name of the
May fflowre, (Danil Hutt Master) unto an Indian Towne, where
they tooke in Come, but the quantity he knoweth not, ffurther he
p. 251 sa)rth th* the s** Come was purchased w^ wampompeck, or Roanoke.
And th* M^ Dodman, & a stranger was w^ them, whose name this
Depon* knoweth not, & further sa)rth not. Thomas P. Mitchell
Jurat Cora" Josias ffendall. his marke.
Thomas Jaruise aged 24 yeares or thereabouts, swome & examined
Sayth, That being w*** the Gouerao^ att Pamaunkey 5** Aprilis last,
was told by the Indians, That the Vessell w** was there att that time
trading belonging to M' Hutt, brought up a greate many guns, &
powder & shott & further sayth, th* hee saw a new gim, th* an
Indian had. And further sa)rth not. Thomas Jaruise.
Jurat Cora Josias ffendall.
John Lee aged 24 yeares or thereabouts swome & examined &
being asked whither there were any Gims carryed up w*^ them in
their Vessell, more then for their owne use, Sayth that there was :
but knoweth not, th* any of them were sold to the Indians, And th*
hee did not see them comming downe, nor since he came downe : &
therefore supposcth them to bee M*" Dodman's guns, And further
That hee knoweth not whither the master knew of them or noe;
but the s** Guns lay open to the publicke ueiw in the hold. And being
further asked, whither they tooke in any Come at M' Adam's howse,
or att any other Englishmans howse? Answereth, That they tooke
in Come att noe other place, but only att the last Indian Towne they
were att, w*^** hee heard called, by the name of Pamaunkey & sup-
poseth th* this Come was bought w*** Roanoake, & further sayth not.
Jurat Cora" Josias ffendall John Lee
Attested allso by the s^ John Lee in open Court
And the Court, uppon a full hearing of both parties, Examina5n
of the Wittnesses, & consideraon of the Come on board the s^ Vessell,
taken by order from the Gouemo*^, Judged th* the s** Vessell, w*** all
her furniture and Loading bee & are forfeited to the L** Proprietary,
according to the seuerall Acts for Trade, prouided.
The Court adiomed by the Gouemo* till Munday morning 8
o'clock
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Provincial Court Proceedings, 1659. 289
Munday 25** Aprill 1659 Liber
__ ^ P. C. R.
Pnt* April 25
Josias ffendall Esq' Gou% Co* Nath : Vtie, M' Baker Brooke ^' ^^
Philip Caluert Esq' Secf, D' Luke Barber M' Edw : Lloyd,
m' Rob* Clearke
Whereas att the last Promnciall Court held att S* Maries p** Attorney
Martij, his L^* Attorney on the behalfe of the L** Proprietary charged q^^^ ^*
M' Symon Ouerzee w*** Theftboote & then produced his euidence to Vid. fol. 201
proue the same; w** euidence was accepted by the whole board, & ^mpour^*^
the Cause by authority of that Court Respited, & ordered to be ing the
determined att the next Prouinciall Court ^^^^J[ ^^
M' Symon Ouerzee sa)rth, th* hee neuer did contract w*** Daniel
Clocker, to any such intent, as is alleaged by M' Attorney. And as to
those Bills he receaued, & those accounts allowed of the s** Qockers,
were in satisfaction of his owne proper Debt, w** the s** Qoker owed
him, & w^ he demonstrated to the Board, by his Booke of Accompts,
att the last Court. And after long debate of the s** Cause, M' Ouerzee
craueth for a Jury to consider, & giue in euidence, whither or noe
hee may or ought to stand Charged w*^ the flFact M^ Attorney bringeth
agst him, w** (through his intreaty) was graunted
Warr* to the Sheriffe to impanel a Jury of 12 men forthw***
Sheriffe Retumes his warr* & Warned
flForema"
M' John Pille M' Rich : Wells M' John Readc,
M' Hugh Stanley Cap* John Odber M' Will" Ewens
M' Tho : Manning M' Humphrey Warren, Rich : Games
Leiu*Tho:Trueman M' Will" Parrott, Peter Joy.
Inditem* Lett it be enquyred for the L^ Prop* whither Symon
Ouerzee of S* Johns, in the County of S* Maries merch*, Sometime
in the month of Nouemb' last past did fraudulently contract w*^
Daniel Qocker for 3000^ Tob or thereabouts, on purpose to beguile
those iust Lawes instituted for the punishm* of Malefacto" w*Mn
this Prouince, Contrary to the peace of his s^ L^ his Rule, &
gouerm*.
And the Jury Returning, brought in their Verdict, written on the
backside of the Writt, & deliuered by their flForeman.
Ignoramus.
To the hon"* the Gouemo* & Councell pyj^ ^ j^^^j
The humble Pet" of John Pille Sheweth, That whereas M' Walter
Hall standeth indebted to yo"^ Pet^ in the Just summe of 977* of
Sweet sented Tob & cask, yo' Pet' himibly craueth Order for satis-
faction, for the s** Debt w*** forbearance & costs of suite &c.
19
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290 Provincial Court Proceedings, 1659.
Liber Whereas M*" John Pille plf hath formerly arrested & sued Walter
P. C R. jjjjj ^jgf^^ jjj ^^ County Court of S* Maries County held att New
Towne on the first day of ffeb : 1658, in an accdn of Debt of 977*
Tob & Cask, W*^** s^ Cause was before the Comis" of th* County
then heard & Respited till the next County Court, And whereas att
the next Court on the 22^ of Aprill following M' Walter Hall ap-
pealed to the next Prouinciall Court for this Prouince, W** was by
p. 253 the Commis" then p*nt in Court graunted, & Ordered ttf the s^
Walter Hall put in sufficient security for his appearance att the next
Prouinciall Court, & pay dowble Costs & Damages in case hee bee
cast in th* s^ suite, (as by the order of th* Cotmty Court afores** may
appeare) And thereuppon the s^ M^ Pille hath petitioned this Court
for his fores*^ Debt, M*^ Hall deft sa)rth th* hee made a Couen* w*** the
plf to be his Ouerseer & take care of his seruants for some certaine
time ; & was to haue the benefitt.of the plfs Plantaon during th* time,
But the pif sold the Plantaon before the time exspyred by Condicon,
contrary to the defts will or knowledge, much to his dammage &
hinderance.
The Depos" of Will" Wajmhames aged 20 yeares
Swome in open Court, p** ffeb. 1658. Sayth That M^ Hall sayd
to this Depon*, hee would see the sweet sented Tob hangd before hee
would plant any more of it, for it would undoe him, And his intention
was, as this Depon* uerily beleiueth to plant noe more of it. M'
Pille being in discourse w*^ John Greenwell, the s^ Greenwell asked
M"" Pille, If hee would lett him haue his Plantaon w*** all his heart?
Answered noe, w*^out M*" Halls consent, And M^ Hall being asked,
sayd, It was his will it should be sold w*** all his heart, for he would
not be against it. M*" Hall allso went out of the howse when posses-
sion was gyuen. M^ Hall being in the upper part of the feild neare
the Thacht' Tob howse, was asked by this Depon* whither the Come
was his ? Answered it was his Masters, hee had nothing to doe w^ it.
And the Allegaons of both parties being heard & fully considered
by the Court, And th* the PlantaSn was sold w*^ the defts consent, as
appeareth by Waynhams Oath, perused & read. The Judgm* of the
Court is, th* the plf ought to recouer his Tob. according to Couen*
It is therefore Ordered by the Court th* M' Walter Hall deft pay
unto M"" John Pille plf Nine hund** seauenty seauen pownds of Tob &
Cask, w*** dowble damages & Costs of suite according to the former
Order of the County Court
Gary v. Nonsuite is Graunted to Daniel Goulson agst Thomas Carye, in
^^" his accon of Case, w*** Costs & Dammage.
Re Norwood Whereas John Norwood hath petitioned this Court for satisfaction
& order uppon the Bills & specialties by him taken for seuerall
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Provincial Court Proceedings, 1659. ^9^
summes of Tob to him due for ffees & dyett, since the Engagem* att libcr
Anarundell & whereas the s^ Tob hath bene seuerall times demanded, ^- ^- ^
& not yett payd or satisfyed, hee being meerely on th* account out of
purse 4000* Tob, or thereabouts, ouer & aboue his dayly care &
trouble, Besides for satisfaction of his Charges, & like trouble since
arysing, by mennes & account of the Quakers, much to his hinder-
ance. It is Ordered th* his Pet*" be Respited. And th* hee shew and p. 254
procure the Order or Writt, whereby the parties were committed,
& summone in the parties by him Charged, as in his Pet" to the next,
or the next Prouinciall Court after, as hee shall see cause.
Whereas Cap* Will™ Euans Admistrato^ of the Estate of Cap* Ev^s v.
John Bariffe tooke out writt of Scire facias agst John Mackenny, to vid. St^
shew Cause &c : for 400* Tob, And the s^ writt being serued, & the ^ol. 217
s^ Mackenny therby lawfully summoned. Yett not appearing eyther
by himself e or Attorney att this Court.
It is ordered th* the plf haue Exeq" according to the writt & former
Order of Court.
Know all men by these p*nts th* I Arthure Turner of Charles Stratton v.
County gent" haue assigned, ordayned & made, & doe by these p*nts '^^^^^
in my stead and roome putt, constitute, & appojmt my true & wel-
beloued flf reind George Thompson of the s^ County, my true & law-
full Attorney in the suite now depending betweene Lucie Stratton,
& mee the s^ Turner. Gyuing & by these p*nts graunting unto my s**
Attorney full power & authority in the premises to doe, say,
p^forme, conclude & finish for mee & in my name, & to my use &
behoofe to doe, say, or cause to be done & sayd all & euery such Act
& Acts, thing & things, deuice & deuices in the Law whatsoeu* for
the defence of my cause, & the recouery of my charges soe mali-
ciously throwne uppon mee. Ratifying & allowing & holding firme &
stable all & whatsoeu* my s^ Attorney shall lawfully doe, or cause
to bee done, in or about the premises by uertue of these p*nts. In
wittnes whereof wittnes this my hand this 15*** of Aprill Ano 1659.
Wittnes Arth Turner
Will" Waring.
This Case following w*** all the Depos"* as they are here inserted is
thus sent up by George Thompson Cler of Charles County Court
unto this Prouinciall Court.
Whereas there was a Court held in Charles County the 6*^ of
January 1658 to w** Court Lucie Stratton arrested M^ Arthure
Tumor, in an accon of the Case. W^ Case shee then expownded to
bee, for the mayntenance of a Child by him of her begotten, as shee
alleageth, ffor w*^** Case (after th* they had troubled the Court) the
deft craued a Jury, w*** being then not to be fownd, was by the
consent of both pities referred unto the next Court to bee held for
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292 Provincial Court Proceedings, 1659.
Libcr the s** County on the lo*** of March following. Whereuppon it was
P.CR. Ordered (both p*ties thereunto then assenting) That this Cause
be respited untill the s** County Court, & there to haue its determinaon
by a Jury &c:
p. 255 Att a Court held in Charles County 10*** March 1658
P«nt
Josias ffendall Esq^ Gou^M'' Edw : Parkes '
M*^ John Hatch - Commis".
M^ Rob* Hundley
The afores** Case & State thereof being signifyed to the Court, a
Jury was forthw*** Impanelled, Viz.
fforema"
Will™ Marshall, Rich : Stanford John Piper
Tho : Baker George Symonds, Edm : Lindsey
Tho : Mitchell Peter Carre Rob* Robins
Hen : Moore James Johnson Stanop Roberts.
Who being swome by the Gouemo^ to bring their Verdict w***
out feare fauo*^ or affection, & to the best of their wisdome, &
understanding, had the accon afores** w*** the euidences thereimto
apperteyning, deliuered imto them. W*** Jury after they had accord-
ingly considered & weighed the same, They (in their iudgm** all
agreeing) deliuered in this their Verdict by their fforeman Will"*
Marshall, That the s^ Arthure Turner should giue imto the s^ Strat-
ton, for the meintenance of the s^ Child for the first yeare 1000*
Tob, for the second yeare 800* Tob. & for the third yeare 706^ Tob.
And soe to pay 700* Tob, untill the Child af ores** bee able to gett its
owne lyuing, w*^ Cost & Charge of suite. But if the s** Turner doth
thinke himselfe herew*^ agreiued. Then to take the s** Child wholly
to himselfe & to meinteine it. This Busines being fownd to exceed
the cognizance of the s^ Court, It is therefore Ordered th* it bee sent
up to the Prouinciall Court, & there to haue itts determinaon.
M^ John Hatch aged 45 yeares or thereabouts swome & examined
in open Court sayth That M*^ Arthure Turner confessed unto this
Depon* th* hee thought in his conscience th* the Child borne of Lucie
Stratton was his, & further sayth not
Robert Willson aged 30 yeares or thereabouts swome & examined
in open Court Sayth th* hee telling Lucie Stratton th* shee was w***
Child, The sayd Stratton replyed. That if shee were, shee would not
ffather it uppon any such fellow as this Depon*, but th* shee would
father it uppon such an One as John Ward, or Richard Smith, &
further Sayth not.
Edward Williams aged 33 yeares, or thereabouts sworne & ex-
amined in open Court, sayth. That he heard Lucie Stratton Say,
(shee being told th* shee was w*** Child, That if shee were) shee
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Provincial Court Proceedings, 1659. 293
would not lay her Child to any such fellow as this Depon*, But th* Liber
shee would father it, uppon such an One as John Ward or Richard ^- ^- ^•
Smith, & further sayth not.
Richard Dode aged 25 yeares or thereabouts, swome & examined
in open Court, Sayth That M*^ Turner came unto this Depon* & asked
him whither his Wife could nurse his Child or noe? And this
Depon* answered noe, for he thought his Wife was w*** Child, &
therefore could not, & further sayth not.
Mary Dode aged 21 yeares or thereabouts swome & examined p. 256
in open Court, Sayth, That M^ Arthure Turner came to her, desyring
her to nurse his Child, & this Depon* answered, shee could not,
for shee thought shee was w*^ Child herselfe. But if hee would haue
it Dry-nursd, shee would doe her best endeauo' for it. Thereuppon
the s** Turner answered th* if this Depon* could bring it up by hand,
Lucie Stratton should, further sayth not.
John Ashbrooke swome in open Court, att the request of M*"
Arthure Tumer Sayth, That hee heard Lucie Stratton Say, th* shee
could lay the Child home of her Body, to Will"* Bowles, but th* shee
would not doe, because shee thought in her Conscience, th* the Child
afores** was M*" Arthure Tumers, & further Sayth not
Walter Gwest swome in Court att the request of M^ Arthure
Turner Sayth th* hee heard John Ashbrooke say, th* Lude Stratton
did say th* shee could lay the Child home of her, w*^ a safe con-
science to Will"* Bowles as well as to Arthure Timier, & further
sa)rth not.
Margarett Pearce Jurat ide"* uerbatim quod Walter Gwest supra.
Anne Gwy aged 50 yeares or thereabouts swome & examined in
open Court, Sayth, That being w*** Lucie Stratton the Saterday
after shee was deliuered of her Child, M' Arthure Tumer came &
desyred this Depon* to looke to the s^ Stratton & his Child. Where-
uppon this Depon* answered him th* shee could not, by reason shee
had diuerse lame folks in her howse. And the Sabaoth following the
s^ Tumer desyred this Depon* to speake to the s^ Lucie & trye if shee
could p^swade her to marry him. To whom the s** Lucie replyed, th*
shee could not loue him, much lesse make him her husband, & further
sayth not
Christopher Russell aged 45 yeares or thereabouts sworne & ex-
amined in open Court att the request of Lucie Stratton, Sayth, th*
M^ Arthure Tumer comming unto this Depon** howse one euening
this Depon* desyred the s"* Tumer to stay, w** hee did. And being in
bed the s** Tumer asked this Depon* his aduice. Whereuppon this
Depon* sayd, hee would giue him the best he could, Vppon w*^**, the
s** Tumer sayd, hee had a Child layd to his Charge, To w*''' this
Depon* answered S*^ yo" know in conscience whither it bee yo" or
noe, But I would willingly know replyed the s^ Tumer, whither yo"
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294 Provincial Court Proceedings, 1659.
Libcr can instruct mee concerning the Law. Whereuppon this Depon* sayd
P. C. R. ^[jt ^hjg fi^^^ ^^ acted before any Law was prouided for such cases, &
therefore according to the usvall Custome, the womans Oath would
stand agsthim, & further this Depon* sayth That hee heard the s**
Turner say That hee could loue her as well, as euer hee did his owne
Wife, & th* it was by her faythf ull promise unto him to bee his Wife,
th* made him act what hee did, & further requested this Depon* to
beare him company the next morning, to goe & see, whither hee could
win her to bee his Wife, who went to Pikayawaxent w*** him, There
desyring to breake a question & not hauing opportunity ( for John
p. 257 Morris requested her absence) Hee being gone, this Depon* told the s^
Lucie Stratton, th* M*" Turner was come to make her satisfaction,
saying yo" haue layd yo*^ Child to him (w*^ shee did not disowne) &
therefore hee is come to tender both p*son & Estate, if shee would
take him to bee her husband. And the s^ Lucie replyed, Saying, th*
shee had suffered enough by him, & th* shee would not marry him if
shee suffered Death for it, Saying That hee was a Lustf ull man a uery
Lustfull man & th* shee neuer could bee quiett for him, Why Lucie
replyed the s** Turner it was by thy faythf ull promise unto mee to bee
my Wife th* I acted it, W*** shee denyed, Whereuppon the s** Turner
asked her, who was most lustfull yo** or I? saying, yo" came to my
Bed, when I was in bed & putt yo' hand under the cloaths, & tooke
mee by the priuate parts, Whereuppon this Depon* left them, & told
the s** Turner th* hee should find him att Robert Hundleys & further
sayth not The fores** Depos"* being read in open Court, & considered :
& it appearing to the Court, th* Arthure Turner, supposing himselfe
ffather of the Child begott of Lucie Stratton, profered the s^ Lucie
mariage & shee refusing the same: as euidently is shewed in the
f oregoeing oaths. The Judgm* of the Court is That the s** Lucie ought
to prouide for & meinteine the s^ Child her selfe, w*^out any allow-
ance therefore from the s** Turner. And soe Ordered accordingly.
H^ond ^^^reas Walter Hall Admistrato^ of the Estate of Henry ffox
Tid. Writt Deceased, tooke out writt of Scire facias agst Anne Hammond for
fol. 229 1 166* Xob to shew cause &c :
The deft in answere thereto sayth th* that Debt was due to M'
Land, & th* shee hath seuerall Receipts or acquittances therefore from
Excqn *^ ^^ Land, for all or most part of the Debt. But it appearing th*
issued i7« the former Order of Court, was obteyned att the suite of Henry
Vid!"fol!^ ffox, & to him alone ; w***out any mention of the s^ Land, And the deft
not prouing, th* any thing in consideradn of the s^ Order was satis-
fyed formerly by her, to the s^ ffox, or his assignes. It is therefore
Ordered th* the ptf haue Exeq" according to the writt, & former
Order of Court.
Re Browne Whereas Daniel Browne hath Petitioned the Gouerno' & Councell
for Reliefe & meintenance, hee being att p*nt in soe extreame sickly
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Provincial Court Proceedings, 1659. 295
a Condicon, not able to worke & labo^ whereby ta meinteine or help Liber
himself e. It is therfore Ordered by the Board th* Will"* Gilford (hee ^- ^- ^
consenting therto) take the s^ Daniel Browne into his tuition &
Care, And th* the Commis" of Caluert County prouide for the satis-
faction of the s^ Gilford, out of their County, for his care taking,
trouble & meintenance of the s^ Daniel Browne as afores**.
I Richard Preston doe giue unto Daniel Browne towards the
releife of his necessity One hund^ pownds of Tob. to be p^ uppon
demand. AUso I haue gyue" him the s^ Browne i shirt, i p' shooes,
I p*" stockins, & i p*" of Canuase Drawers Aprill y^ 1659.
Whereas Cap* Will" flFuller, Richard Mosse, Will" Cole, & Anne Re Fuller
Couell haue refused to deliuer in uppon Oath, the accounts of cer- ^* *Jg
taine Estates belonging to Orphans, wherew*** they are possessed as is
certifyed unto this Prouinciall Court, from the County Court of
Annarundel holden for th* County lo*** of Aprill 1659.
It is Ordered th* the Commis" of the s^ County of Anarundell
shall take the s^ Estates from out the hands or posses" of the s^ Cap*
Will" ffuller Richard Mosse, Will" Cole & Anne Couell, refusing
to giue in ace* uppon oath, & conforme themselfes to the gouerm* &
Lawes of this Prouince in th* Case prouided : & secure & putt the
same into others hands or posses", for the use & benefitt of the s**
Orphans, for whom the s^ Cap* W" flFuller Rich : Mosse, W" Cole, &
Anne Couell were intrusted as afores** : And it is further Ordered th*
All & euery p^son or p^sons w*^ in the County of Anarundell afores**
possessed & intrusted w*** any such Estate or Estates belonging to
Orphans, & refuse to comply w***, & fullfill the Acts of Assembly of
this prouince made, & not giue in an account uppon Oath of such
Estates, as afores**, when lawfully requyred soe to doe; shall bee
uncapable of possessing or reteyning any such Estate or Estates,
uppon such their refusall : And to that end the Commis" of the s^
County shall or may dispossesse such person or p*sons of such Estate
uppon such refusall as afores^, & dispose thereof into some others
hands or posses" for the benefitt of such Orphans, as to them shall
seeme fitt & conuenient.
And it is also further Ordered th* the Commis" of Anarundell
Coimty afores** passe fines uppon such p^son or p*sons soe refusing
to giue in Ace* uppon Oath, when lawfully summoned or requyred
therto as af ores**.
Whereas Edmund Web hath petitioned the Court held for the wcbb v.
County of Anarundell 10*** of Aprill last. Shewing th* in consideradn Larkin
of a parcell of Land, conteyning about seauenty Acres bought of
John Larkin, for w*^ hee hath payd the s** Larkin in hand fine yeares Exeqn
since one Thowsand pownds of Tob & Cask. And where as the s^ *^*"5^ *^'
Larkin hath not & still doth refuse to subscribe the Ingagem*, or vid. fS! 291
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296 Provincial Court Proceedings, 1659.
Liber make Oath of ffidelity to his L^, as is prouided for by Act of As-
P. C. R. sembly of this Prouince hauing thereby made himself e uncapable
of holding any Land of his L"*, & not able to giue the s** Web assur-
ance of the s^ Land, of whom he hath receiued pa)miS as is afore
shewen. And whereas the s** Land, is since (through the s** Larkins
default) graunted away to Edward Cox. It is therefore Ordered th*
the s^ John Larkin repay back to the s** Edmund Web one Thowsand
pownds of Tob & Cask, whenas noe assurance hath bene guyen to the
s** Web of the s^ Land, by the s** Larkin. Hee hauing not complyed
w*^ the Condicons of Plantaon whereby any Land w*** in this prou-
p. 259 ince could be graunted to him besides such dammages as the s^ Web
shall rightly make appeare & susteyned for want of his Tob these 5
yeares as hee alleageth.
Parrott v. Whereas Will™ Parrott hath petitioned the Court for reparaon in
rassc j^jg credit, agst Alice Brasse, Shewing how th* the s** Brasse being his
seruant, & hee correcting her, scandalously reported how her s^
Master had broake Two of her ribbs, & th* if shee dyed w*** in a
twelue month shee would lay her death to him, &c :
Cap* Sampson waring sayth, th* being att M*^ Stanleys, M*" Stanley
requested him & James Veitch, & M' Will" Coursey, to goe in & see
his seruant hee had bought of M' Parrott, And shee seemed then to
bee lame & sayd th* if shee dyed, M' Parrott was the occasion of her
Death by imreasonably beating her w*** a great stick. And that shee
thought th* hee had broken one or Two of her ribbs. And this Depon*
sayth th* shee then att th' time lay, as if shee were dying, but the next
morning shee went about her business in dressing Victualls, & right-
ing up the howse.
James Veitch Jurat ide" uerbatim quod Cap* Waring, Anne
Neuell sayth th* Veiwing Anne Brasse & searching her, shee fownd
her all black & blew ouer one of her shoulders & ouer the back &
sweld downe the back.
M' Stanley informeth the Court, th* it was a fortnight or three
weekes after Anne Neuell searched her, from the time M^ Parrott
beate her & th* it was w*^ a stick, as big as her little finger, & th* shee
still complaines of the payne in her back.
The Judgm* of the Court is There appeares noe cause of Accon &
both parties dismissed.
Belcher v. Caluert County. Command John Cornelius & Elionor his Wife to
orncms j^^j^ pj^^ ^^ Thomas Belcher of Caluert County in an accon of
Couen* of a parcell of Land being part or parcell of the Resurrection
Mannor in Caluert County a fores**, formerly conueyed, or sold to
Cornelius Kennde by Thomas Comewaleys Esq"^ of the Crosse in the
County of S* Maries, & by him to John Knap, & by the s** Knap, to
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Provincial Court Proceedings, 1659. 297
the fores** Cornelius as by the seuerall deeds, & assigm*^ formerly Liber
Recorded, to eyther of them doth more att large Appeare. ^- ^' ^
Josias ffendall.
And the finall Concord betweene the s** parties is. That the s^
parcell of Land as afores**, w*** all the dwelling howses, Tob howses
& other Edifices whatsoeu*", gardens, orchards scituate & being in
Resurrection Manno' in Caluert County afores^ be conueyed to him
the s** Thomas Belcher, & the same to enioy, to him, his heyres, &
assignes for eu*".
Whereas att a Court held 6*^ Octob' last 1658, It was Ordered th* ^ Lewis's
the Land belonging to Cap* Will"* Lewis, in Nangemy Creek be ex- p^
tended soe far forth as it will goe to pay the Cred", And th* all the Y'f /^^g'^
Cred" bringing in their claymes, bee the Apprayso'* of the s** Land ° ^'
soe to bee extended, And whereas the Cred" att this Court haue
petitioned th* the s^ Land bee forthw*** extended & appraysed, & th*
M' Prescott haue the refusall of the s^ Land, after the s** Extent be
layd thereon.
It is Ordered according to the Cred" request th* the s^ Land be
Appraysed And th* the Sheriflfe in th* behalfe bee impowred to ad-
mister oath & sweare the Apprayso" thereof.
The writt
Extent Caecilius &c : To the Sheriflfe of Charles County Greet-
ing- Wee Command yo** &c : mutatis mutandis, ut supra writt Extent
fol. 218.
Wee the Jury being all Agreed, & according to a writt of Partition vid. Writt
from the hon^** Josias flFendall Esq*" Gou*^ &c : dat 2*^ Martij 1658, ^®^- ^^^
Doe Retume o' Verdict as followeth, (Viz) Wee doe allott unto D*"
Luke Barber Esq' That parcell of cleared Grownd, w*** the appur-
tenances Lying next his now dwelling howse from a marked Dead
Oake, standing a little below flFoxes Poynt, Sowth East into the
woods, commonly called the Deuiding Lyne of Ranolph Reuell &
James Johnson in a right Lyne to a small Gumme Tree.
Wee doe allso allott unto the Heyre of Henry flfoxe all th* parcell
of cleared Grownd w*** the appurtenances beginning att the fore-
mentioned Dead Oake a little below flFoxe's Poynt, soe running
downe the Bay to the mouth of the Spring-Branch : from thence to
the s^ Spring, w^ wee equally deuide betweene them the s^ Docto', &
the Heyre, flfrom thence to the head of the Spring Branch Sowth East
& by East, to a marked Cedar standing neare the path to Poplar-Hill
in the s^ Lyne of Randolph Reuell & James Johnson.
And wee allso doe allott to Docto*^ Barber one parcell of Wood-
land Grownd, beginning att the Mouth of the Spring Branch running
downe the Bay to a marked Oake standing on the Bay side, flFrom
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298 Provincial Court Proceedings, 1659.
Libcr thence East Sowth East to a marked white Oak standing neare the
P. C. R. Path, goeing to Thomas Philip's.
And allso Wee doe allott to the s** heyre all th* parcell of Wood
land Grownd from the afores** marked Oake of Docto' Barber on
the Bay side downe to the mouth of the Deepe Swamp, Soe running
up th* Branch into the woods.
And wee doe allso allott M*" Walter Hall Guardian to the s^
p. 261 Heyre conuenient space for the striking his Tob. in the Docto" Tob-
howse. And allso Wee doe allott the s** Docto' till the last of Aprill
1660 time to remoue his share of all the fruite Trees, W** is a
Moity of them, & to choose the first Tree.
Wittnes o^ hands & Seales this 22^ March 1658.
Nicholas Gwyther Sheriff e Will"* W Browne
John + Medley Peter P. Mills
John Jarbo Will"* O Styles
George Reynolds Robert g Shale
John $ Shertcliffe Roger Isham
John W Warren Christopher G Goodaere
Thomas T Philips
Sealed
by
All
Severally
Memorand" whereas in the Retume of this writt of Partition in
the first & second clause is putt Randolph Reuell & James Johnson,
It is to be understood Walter Beane (instead of Randolph Reuell) &
James Johnson,
Whereas Luke Barber Esq' did att the Partition of the Land be-
tweene him & Walter Hall as Gwardian to yowng Henry ffox, prom-
ise to make the s^ Land reatch soe far as a place called the Deepe
Swamp, in case by the Patent or Graunt itt did not extend soe far ;
Prouided the s** Luke Barber had allowed him for his share soe
much of the cleared gfrownd as the s** ffox had allowed him for his.
And now by the Partition not hauing soe much cleared Land as
afores^, Doth in open Court declare th* hee will not now performe or
stand to th* former promise to the s^ Walter Hall, for the reason
afores^. And if soe bee the s^ Walter Hall doth find himselfe ag-
greiued thereat, Hee may if hee please haue a Repartition, Otherwise
the s** Luke Barber is contented, & willing to stand to what the Jury
hath allready done.
Whereas att a County Court held att Cap* Thomas Bradnox
howse on the Isle of Kent, the 20*** day of July 1658, John Salter
arrested to th* Court Thomas Sowth, & obteyned Order & Judgm*
agst the s** Sowth Concerning a Plantaon Called Beauer Neck on the
s** Isle of Kent, w*^** the s^ Sowth deteyned from him. And whereas
att the s^ Court It was Ordered by the Commis" of th* County Court
th* the s^ Thomas Sowth shall pay to the s^ Salter 5444* Tob damages,
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Provincial Court Proceedings, 1659. 299
susteyned for the want of his s^ plantaon, & other Costs then al- Liber
leged & claymed by him. ' ^" '
And whereas att a Prouinciall Court held for this Prouince in Vid. fol. 125
Caluert County on the 8*^ day of Octob'' last the s^ Thomas Sowth
Petitioned for a rehearing, touching the Costs & dammages only :
for th* the Commis" of the County of Kent afores** intermedled w*** a
Cause not w*** in their Cognizance, w*^** was then graunted (as by the
s** Order & Pet" 8** Octob' may more fully appeare) And whereas
likewise att the Prouinciall Court held att S* Maries the 3** of March Vid. foL 214
last a Easpeciall writt or Commis" was directed to Co** Nathaniel Vtie
& Edward Lloyd EsqS Joseph Wicks & Cap* Rob* Vaughan gent".
The wittnesses touching the f ores^ Dammages & Costs dilligently to
examine & the Examinaons into this Prouinciall Court, distinctly &
clearely to send, Together w* their Opinions, what uppon the prem-
ises is fitt to bee done, (as by the s^ Order & Writt may allso ap-
peare) make retume thereof as foUoweth (Viz)
To the hon"* the Gou' & Councell
Whereas a Commis" (bearing date the 3^ of March 1658) was
directed to Vs from yo' honou" to heare matters of difference
betweene John Salter pif & Thomas Sowth & Thomas Hinson defts,
& hauing dilligently examined the premises doe humbly make Our
Report as foUoweth, ffirst as Touching the damages alleaged by the
s** John Salter agst the afores^ Thomas Sowth. Wee apprehend the
s** Sowth is not lyable to satisfy any daifiages uppon former accounts ;
by reason the s^ Sowth held his posses" by Order of Law, W^ s^
Order wee haue hereunto annexed.
Concerning the Charge of building & clearing alleaged by the
defend**. We thinke it may bee ballanced by damage done unto the
Plantaon.
As for all other differences (brought before us) depending be-
tweene the s^ parties or eyther of them, They did willingly com-
pose betwixt themselues
Aprill 4*** 1659 Sealed & Signed by
Nath : Vtie
Edw : Lloyd
Rob* Vaughan
Sealed by
-all Three
Seuerally.
I agree & consent to the Report & Opinion rendered afores** If yo'
hon" shall iudge the fores** proceedings, w*^** they call Order of Law
to bee legally graunted according to formality in Law. The Order
being not graunted by swome Judges. And the Grownds of the s^
Order as is expressed to bee only posses" w*^** the s^ Salter was pos-
sessed w*** all att th* time Josh Wickes
Se X ale.
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300 Provincial Court Proceedings, 1659.
Liber Att a Court holden for the Prouince of Maryland the 18*** day of
^o^'Jj Octob' 1654.
Dated' i^
ft printed 3
Pnf
ciu^^ ^^P* ^^""^ ^^'^^ M' ^^""^ Durand M^ Leonard Stronge
M' Rich .Preston M^Edw: Lloyd M^ Rich : Ewens.
Whereas Isack Iliue being possessed of 200 Acres of Land called
Beauer Neck, was disturbed by meanes of flFrancis Brooke pretending
a Graunt from the Lord Baltemore & power from him, w^ doth not
appeare to this Court. It is therefore Ordered th* M^ Philip Conner
Comder of the Isle of Kent, shall cause the Sheriffe to giue the s^
Isaack Iliue quiett posses" of the s^ Land, & th* those th* depossess't
the s** Isaack Iliue shall pay Cost of suite.
( W** Report notw^tanding) The Judgm* of the Court is th* the
s^ Salter being outed of his plantaon, must needs susteine much
dammage & losse ; & therefore ought to have dammages allowed him.
And doth thereuppon Judge & order That the Dammages formerly
assessed att th* County Court on the 20*** of July as af ores** amounting
to 5444* Tob, shall not be allowed as assessed by a Court who had
Exeqn Ok ^^^ cognizance of soe greate a summe. But th* in roome & stead
ft Sheriffs thereof the s^ Thomas Sowth shall pay to the s^ John Salter One
^%^ aS Thowsand pownds of Tob & Cask damages & Costs of suite from
Vid. fol. 291 the time of the surrender of the Gouerm*. And doth likewise further
Order th* the former Judgm* att the Court held att Cap* Thomas
Bradnox howse in Kent County on the 20*** of July 1658 as afores**
shall for euery p*ticular thing ells stand in full force.
Re Nugent's Whereas att a Court held att S* Maries 25*^ flFebruary last, It was
Vid fd-^lsa ^^^^ Ordered (uppon the Pet» of Cap* Thomas Comwaleys) th*
James Lindsey giue in, an Account of M*^ Will"* Nugents Estate att
this Prouinciall Court
Vid. fol. 210 And whereas likewise att the same Court p*^ Marti j Symon Ouerzee
OY«cc v. Petitioned agst the s** James Lindsey for pa)mi* of 1206* Tob due
from S)mion Antonio, whose admistrato*^ the s** Lindsey is, W**
Cause was respited to this Court. The s^ Lindsey not appearing
e)rther by himselfe or Attorney, & the Court being ready to breake
up. Ordered th* the Pet" haue Judgm* uppon default according to
their Petitions. The Gou*^ appoynted the next Prouinciall Court to
bee held in Anarundell County on the 20*** day of June next.
Aprill 25**> Whereas sundry accidents may happen in the County of Annarun-
Appraisi^ dell for the speedy admistring Depos"* in what shall conceme the
Land in Sheriflfes place & office of th* County. These are therefore to author-
An^^l ize & impower John Norwood gent" Sheriflfe of the County of
G)unty Annarundell afores** to Admister Oath unto any Appraysers of Land,
Estates or goods whereunto hee shall bee authorized by Commis"
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Provincial Court Proceedings, 1659. 301
to see appraysed. And allso to any other p*son or p*sons in what may Liber
conceme his s^ Office. Gyuen under my hand this 25^ of Aprill 1659 ^* ^* ^
Philip Caluert
To M^ John Norwood.
Cap* Sampson Waring & James Veitch demand Writt of Attatch- Waring et
ment agst the Estate of Cap* W"* Mitchel deceased for 2000* Tob. elVr^tate '
Writt to the SheriflFes of S* Maries & Caluert Counties to attatch Vid. fol. 320
&c : Ret. next Prou : Court to bee holden in S* Maries or Caluert * ^®^ ^^
Counties afores**.
Richard Smith demands war* agst Thomas Carye in an accdn of Aprill 28^^
Battery. A^™f^
Writt to the Sheriflfe of Caluert County to arrest &c : Ret. next Cary
Prouinciall Court to be holden in Anarundell 20*** June.
Summons to idem to wame Daniel Golson, Peter Joy, Martha Joy
& Anthony to testify in ditt Sub. 500* Tob each, Ret ut
supra.
Writt of Exequuon issued to the Sheriffe of S* Maries County att Comwalcys
the request of Cap* Thomas Cornewaleys agst the Estate of Dauid ^- ^^^^^
ffereira for 606* Tob according to Order of Court, fol. 182
Dauid ffereira demands writt agst Cap* Samuel Tilghman Accon May sth
Case, Summons, &c : TifehSan
This Day came Patrick Hinderson & acknowledgeth to haue giuen Re Hendcr-
& doth hereby giue & make ouer unto Richard Sudborough one *^"'' ^^^
Cow Calfe about a yeare & halfe old (marked w*** a hole in each eare,
& the right eare Crop't & Two slitts in the Crop) w*** all itts encrease
both male & female, to him the s** Richard Sudborough & his heyres
for euer.
Recogn in open Court Will"* Bretton.
John Knap enters Caueat agst ff rancis Armestrong Admistrato*^ Knap v.
of the Estate of Cornelius Abrams, & demands out of the s^ Estate Armstrong
456* Tob. w** he is ready to proue. p. 265
James Atchison aged 31 yeares or thereabouts Sayth, th* in march
last was Tweluemonth, Two of Cornelius Abrams seruants did come
unto this Depon** howse unto John Knap for some Bacon. And the
s** John Knap did deliuer Bacon imto the s** Seruants : but the quan*5^
hee doth not well remember. But to the best of his remembrance it
was one hund** & fifty pownds weight & further sayth not.
Jurat Cora" Hugh Stanley.
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302 Provincial Court Proceedings, 1659.
Libcr Susan Acheson wife unto James Atchison aged 27 yeares or
P. C R. thereabouts, Sayth That John Knap did deliuer unto Two of Cor-
nelius Abrams seruants ffowre fflitches of Bacon, for the use of their
Master, & to the best of her remembrance they weighed One himd^ &
fifty pownds, & further Sayth not
Jurat Cora" Hugh Stanley.
Susan Acheson wife unto James Atchison aged 27 yeares or
thereabouts, Sayth That John Knap did deliuer unto Two of Cor-
nelius Abrams seruants flFowre flBitches of Bacon, for the use of their
Master, & to the best of her remembrance they weighed One hund^
& fifty pownds, & further Sayth not.
Jurat Cora™ Hugh Stanley.
H^Sn^ This Day came afore M*^ Secretary Cap* Miles Cooke, & Cap*
V. Cooke Richard Husbands according to the Order last Court on the 22***
Vid. foL 240 of Aprill, Ordering thereby the s"* Cap* Miles Cooke to giue a Satis-
factory answere how th* account claymed by Cap* Husbands was payd
& Satisfyed. Cap* Cooke for answere Sayth, th* being trusted by
Cap* Husbands w*** goods & authorized by him to putt them of in this
prouince, Hee Trusted Will™ Edwin w*^ some of the s** Goods, to the
ualue of 523* pownds (as by th* Accoimt appeareth) Of w^ Edwin
the s^ Cooke acknowledgeth th* he receaued 279* in part of Satis-
faction of th* account And th* there remaines due to the s^ Cap*
Husbands from the s** Edwin 244* out of the s"* account. And th* the
279* w^ hee receaued of the s** Edwin, hee payd unto the s"* Cap*
Husbands amongst other Tob, w^ hee shipped home for the s^ Cap*
Husbands use.
To w*^ answere the s^ Cap* Husbands made noe Reply, And M^
Secretary gaue Judgm* th* Capt Richard Husbands receaue the 244*
of the s** Edwin, & th* the s^ Edwin satisfy the same, & th* Cap* Miles
Cooke be dismissed touching th* account.
^y 7tJ» Know all men by these p*nts th* I Godfrey Bayley late of London
ay ey gent* doe promise to giue an account, as allso to make a Retume or
Retumes of all such goods & merchandise, as are expressed or
mentioned in Certaine Bills of Lading assigned ouer to me the s^
Godfrey Bayley by John Bayspoole of London merch* as allso for
Two seruants, & to retume an account of the s^ goods & seruants
unto Will" Hooker of London afores^ Gent"*. In wittness whereof I
the s** Bayley haue hereimto sett my hand & Scale this Twenty ninth
of Decemb'^ 1658
[No signa- Signed, Sealed & Deliuered in the p*nce of Vs
turcs are m ^^ /^ j r -d 1
the MS.] Godfrey Bayley
May^ Whereas in right of a Commis" to mee Graunted from the Right
Rc^May- bon"* Caecilius Lord Baron of Baltemore, Lord Proprietary of this
flower. Prouince of Maryland to bee Admirall in all the s^ Prouince, thereby
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Provincial Court Proceedings, 1659. 303
gluing and gfraunting mee Samuel Tilghman of London Mariner the ^^p
full third part or parts of all Wracks or {forfeitures w^'^in the s** ' *
Prouince committed below high water marke. And whereas M'
Daniel Hutt of New England hath w%ut Commis"* gone Contrary
to the Law of the s^ Prouince, & traded w*** the Indian Inhabitants
thereof, Whereby his Vessell called the May fflowre became prize, &
stands Condempned through his the s** Hutts default.
Now know all men by these p*nts th* I Samuel Tilghman as
Admirall afores** doe for the Consideraon of Two Thowsand fower
hund*^ pownds of Tob by me receiued of Dauid ffereira as the
ualue of Thirty pownds sterl, bargaine, sell, alien, & for euer Conuey
imto the s^ Dauid ffereira his heyres, Executo", Admistrato" or
Assignes all my Right, tytle & interest of the Third part of the s^
Vessell, w*^ the third part of all Anchors, Cables, rigging, Sayles,
boates, goods, wares, & merchandizes whatsoeuer belonging or ap-
purtayning to the s** Vessell, And I doe on the behalfe of my selfe,
my heyres, Executo" & Admistrato" warrant the s^ third part unto
Dauid ffereira his heyres or assignes for fiueteene months after the
date hereof. Wittnes my hand & Scale this 2^ day of May 1659.
Samuel Tilghman
Se + ale.
In the p*nce of Henry Coursey Edward Packer.
M*" Peter Bath demands War* agst Tho : Champian, in accdn Bath v.
Detinew war* to the Sheriffe of S* Maries County to arrest &c : Ret. tampion
Prouinciall Court to be holden in Anarundell County 20*** June next.
These p*nts wittnes th* I Mathew Smith Planf in Patux* Riuer, Re Smith's
doe hereby sell, alienate, assigne & make ouer imto Thomas Hopkins ^^*
& Robert Hopkins ioyntly & seuerally, them or eyther of them Two
Cowes & One heyfer (marked in the right eare w*** a slitt downe in
the eare & a peice cut out before, & the left eare Cropd) And I the s^
Mathew Smith bind mee my heyres to beare harmelesse the s** Thom-
as Hopkins & Rob* Hopkins, their heyres or assignes from any tytle
right or interest from the s^ Mathew Smith or Arthur Manship his
Wife, or his Childre". Wittnes my hand the 18*** of January 1656
Teste
James Veitch Mathew C Smith
Jo* Hambleton. Elizabeth A Smith.
Dermott ffenine recordeth his marke (Viz) The right eare under- Mrk. Cattle
keeld. The left eare Cropt & underkeeld. I ffrancis Armestronge 2- ^
of Caluert County in the Prouince of Mary-Land doc acknowledge strong's
to haue gyuen, & doe hereby giue, conuey & marke ouer imto Cornelia ^^^
Abrams, Daughter of Cornelius Abrams Deceased One Cow named
Nancy, & one yeareling heyfer called Brownings heyfer (marked
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304 Provincial Court Proceedings, 1659.
Libcr w*** a Slitt in the Right eare, & the left eare tmderkeeld & the top of
P. C R. ^g gd gj^j.^ ^^^ q£^ ^th jji ^gjj. j^jjjg g^ ffemale encrease for eucr.
Reseming only the Bull Calfes arysing of the fores^ Cattle to my
selfe, my Executo" admistrato'^ or assignes, for the care of tending
& looking to the s^ Cattle, & their encrease, & maintenance of the s**
Cornelia during her minority. But in case it soe happen th* any
p^son or p*sons shall goe about, or endeauo' to sue molest or trouble
mee the s** ffrands for any other Estate for her the s^ Cornelia, pre-
tending to belong to Cornelius Abrams her sayd ffather Deceased,
ouer & aboue the s^ Cattle hereby by me gyuen, I doe then hereby
declare this my s^ Gwift to bee voyd & of none effect And further
if in case the s** Cornelia shall happen to dye before shee atteins the
age of ffowrteene yeares That then the s** Cattle here mentioned are
to retume to mee the s** ff rancis my heyres, Executo", or Assignes
as afores^. Wittnes my hand this 19*** day of Aprill 1659
ffrancis 1^. Armestronge
May i2ti» Came Richard Willan gent" & doth acknowledge to haue gyuen, &
Cows doth hereby giue & make ouer unto his Daughter Elizabeth One
Black Cow about fine yeares old named Mopsey, & one yeareling
Black heyfer (marked w*** a hole in the right eare, & the left eare
undersquared, w*** a nick cutt in under the square) w*** all their female
encrease for euer, & is to aduance her a portion. But in Case the s**
Elizabeth should happen to dye before shee attayneth the age of
f owrteene yeares, then my Will & intent herein is, th* the s^ Cattle w^
all their encrease as afores^, retume & bee to mee the s** Richard, &
my heyres & not otherwise.
Allso the s^ Richard Willan doth hereby giue conuey, & make ouer
unto his Daughter Grace one Browne Cow calfe, about halfe a yeare
old (marked as the former, w*** this distinction only. That the nick
w** is cutt in imder the square of his Daughter Elizabeths marke or
p. 268 cattle, is here on his Daughter Graces' cutt in on the fore or upper
part of the left eare) w*^ all the female encrease for euer & is like-
wise to aduance her a portion. Prouided as afore, th* if in Case shee
the s** Grace happen to dye, & atteyne not the age of f owrteene yeares ;
Then the s^ Calfe w*** all the encrease arysing thereon to retume, &
bee, to me & my heyres as afores^ & not otherwise.
Recogn Will"* Bretton, Rich: Willan
May 13th Samuel Chew demands warr* agst George Peake in an accon Debt.
Pcakc War* to the Sheriffe of Caluert County to arrest &c: Ret. next
Prou : Court to be held in Anarund. Coimty 20*** Jime
Chew V. Samuel Chew demands war* agst George Peak in an accon Case.
Peake
War* to the Sheriffe of Caluert Coimty &c: Ret ut supra.
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Proinncial Court Proceedings, 1659. 305
Know all men by these p^nts, th* I Edmund Berkeley of London Libcr
Merch* Attorney to M*" Thomas Ticknor of London Grocer, doe m^^
acknowledge to haue receaued of M*^ Owen James of the Prouince Acknowl-
of Maryland Planf^ Six hogsheads of Tobaco : & six pownds of ^^*"i ^
Beauer: & doe accept of Eight hogsheads more, w*^ the s** Owen Berkeley
James shipped in the Charity Jn*^ Bosworth Master, & consigned unto
the s^ Ticknor, & by him receaued. All w** Tobacco beeing ffowr-
teene hogsheads & six pownd of Beauer dos amount to the summe
of Thirty Eight pownds Ten shillings three pence i w** is in part of
the s^ Owen James his Bond to the s^ Thomas Ticknor. W*** Bond
beareth date the Thirteenth day of 7^^ 1654. As wittnes my hand
& Scale this fift day of Aprill One Thowsand six hund** fifty & six.
p* me Edm Berkeley
Testes Zachary Wade The mrk of Robert Crane [
Concordat Cu" Originali W™ Bretton.
Rob* Joanes Recordeth his marke (Viz) The Right Eare swallow Mrk Cattle
forked. The Left eare imderkeeld, w*** a small bitt taken of ouer
the same Eare.
Came Thomas Comewaleys Esq^ & acknowledgeth to haue re- May 30th
ceiued of Thomas Burdett full satisfaction for th* JudgmS w*^ the ^gJJ^J^*
s^ Comewalleys obteyned agst the s^ Burdett att the Prouindall vid. f oL 206
Court held att S* Maries 2^ of March last 1658, for fiueteene hund"* P- ^
pownds of Tob, & Cask, as by the s^ Order of Court doth appearc.
John Buttriffe demands on the Estate of Cap* Will"* Lewis de- Buttnffe v.
ceased Three Thowsand pownds of Tob. & Cask. Estate*
Nouemb'^ the 2g^ 1658.
These p*nts wittnes th* I M" Elizabeth Stephenson haue sold & Rc Stephen-
deliuered unto Dermott flfeneine One Black Cow, & one pyed Cow, so'^'s Cows
& Two yowng Steeres, One black & one pyed all marked w*** a Crop
of left eare, & ouerkeeled & underbitted of the right eare, & I the s^
Elizabeth Stephenson doe warrant the sale of the s^ Cattle unto the
s^ Dermott agst all iust Cla)mies in Law. Wittnes my hand, the
day & yeare aboue written
The mrk of .
Elizabeth I Stephenson
Wittnes Richard Willan The mrk of Henry H E Elery.
Receiued of M" Jane Eltonhead of Patux* in the Prouince of Eltonhead v.
Maryland Six Thowsand & sixty nine weight of Tob. & cask being Eltonhead
part of an Order of Court graimted against her att the suite of M*"
Edward Eltonhead of the Temple in London I say receiued by me
by uertue of a Letter of Attorney from him the s^ Eltonhead
Josias ffendall
Test Ri : Smith Tho : Hinson.
20
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3o6 Provincial Court Proceedings, 1659.
Liber Before the Gouerno'' & Cap* Tho : Cornewaleys Ass*. The Exaon
May^i^ii of Thomas Barrett taken in a Vessell in the Roade in S* Georges
Attorney Riuer uppon suspicion of Piracy &c: 31*** May 1659.
Barrett ct Vppon Examinaon of Thomas Barrett one of the Company of the
alii Ship May flower, confesseth, That of, of the Westeme Hands one
Arch. Coun! Cap* Collard Groues, by Commis" from the King of Portugall tooke
361 this Ship, & putt him & six more in her, That hee & they runne away
w*^ her, And further sayth That hee putt those seamen th* were
taken in her on shoare, & was left by them att Antego. And th*
shee was a Dutch Ship belonging to Amsterdam. And th* the ships
name (as hee takes it) was called the Maria th* tooke her, & th*
shee was about 150 Tunne of a Dunkirke built, of Ten Gunns, w*^
about 150 men. This day Month they left the Man of Warre.
p. 270 The Exam" of James Moimtioy taken as afore uppon Suspition
of Piracy.
James Mountioy, Master of the s^ Vessell confesseth, That on the
third day of May last, some in Barbados did informe him that the s^
Vessell was a law full price, And th* shee was laden w*** Jewes goods.
Whereuppon hee & six more, w*** out any Commis" went and tooke
her. And th* hee did belong to Cap* Alexander ffarlow of London
the Rich Bonauenture of seauen guns. And th* hee & the rest were
abused by their seuerall Masters, & did this to right themselues, &
that hee mett the rest by accident in an Alehowse. And that there
was Thirty sayle of English ships in the Roade, sayd, well done
Boyes, & suffered them to carry her away. And th* they gaue the
Gouemour of Antego an Anker of Brandy, & f ower holland Cheeses ;
& left the skipper, & three men more there.
The Exam" of Mathew Benham taken as afores^ uppon suspition
of Piracy
Mathew Benham Gunner of the s^ ship, sayth, that hee did belong
to Cap* Groues (& th* his Sir name was Groues) And th* they Clapt
her aboard being seauen in number & tooke her, w*** ffowerteene men
& Boys in her. And th* he did not know what place hee was neare
when they tooke her : But he supposed they were Eight himd** Leagues
att Sea. And th* the Master could giue an account, And th* hee
knew not what Cap* Groues Ship was called.
Att a Councell held att S* Maries p*^ Junij 1659
cpo P«nt
Josias ffendall Esq' Gou"^! Cap* William Stonel Co** John Price.
Philip Caluert Esq' Sec' J M' Job Chandler J
The Gou' informed the Councell th* there was a ship come into S*
Georges Riuer, w*^** pretended shee came from Yarmouth in England
& th* shee had come immediately from ffrance. That demanding
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Provincial Court Proceedings, 1659. 307
of the Master the Cocquetts, hee was able to shew none. Where- libcr
uppon hee had seised her. And th* the men on board her were in ^* ^- ^*
different Stories, from whence he did suspect them to bee Pyratts,
Whereuppon the Prisoners were sent for & Examined.
Richard Galey one of the Seamen taken uppon the George in S*
Georges Riuer uppon suspicion of Pyracy Examined Sayth, That the
s^ ship was a Dutch Ship belonging to Amsterdam in Holland Laden
w*^ Dutch goods. That the skipper whom they tooke on board of her
did tell them, shee was a free prize. That they tooke her in the P- ^^
Roade att the Barbados, himselfe & six more goeing on board of her
w*** out Commis". That they tooke six men on board of her w*^**
belonged to her, there being Seauen more on shoare th* belonged to
her. That they putt the skipper & Three more of the men uppon a
Raft made of Cask in a Bay att Antego. That a ships Boate came & I^^?^|P
tooke them of the Raft, & carryed them on shoare. And th* they Amiguaf^
came immediately from Antego, to S* Georges Riuer, That Richard
Stockdale was one of the Ships Company when they tooke her, &
th* he was in the Hould att worke when they Layd her on board.
Richard Stockdale one of the Seamen belonging to the George
taken in S* Georges Riuer, Examined Sa3rth That he came from
Amsterdam in the s^ Vessell called the George being shipped for th*
Voyage to the Barbados by the skipper Jacob Dirickson. That hee
was on board the s^ Ship, when Richard Galey & his Complices
layd the s^ ship on Board, & carryed her out of the Roade att the
Barbados. That the s^ Galey & his Complices turnd' the sayd skipper
& Three persons more uppon a Raft att Antego, & that hee saw them
safe on shoare.
Nicholas Salmon, one of the Seamen taken on board the George
in S* Georges Riuer, Examined uppon Suspicion of Piracy Sayth
That the Ship S* Greorge afores^ was a Dutch Ship, as hee was told by
the Skipper Jacob Dirickson, That hee w*^ Six more layd the sayd
ship on board in Carlile Bay in Barbados on the third day of May.
That they carryed the s*^ ship from thence to Antego, & there putt
the s^ Skipper & Three more uppon a Raft. And that they had a
Boate came to them from a Pirke w*^** tooke them in, uerv neare the
Shoare.
Richard Stockdale sworne & examined, Eod die. And th* as a
wittnes touching the Vessell called the S* George of Amsterdam,
Sayth That hee was shipped on board the s** ship by skipper Jacob
Dirickson about eight weekes before shee was taken att the Barbados
by Richard Galey & his Complices. That amongst them there did
not appeare any one person that bore more rule or sway then the
other. That hee doth uerily beleiue that the Skipper w*^ the other
Three persons, that att Antegoe were putt on the Raft are safe.
That they tooke in their horses & Brandiwine att Amsterdam, & the
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3o8 Provincial Court Proceedings, 1659.
Liber Bayle of ffrench Canuase allso. That in their uoyage from Amster-
P. CR. ^^^ ^j^gy yf^Ye putt by Crosse-winds into the Downes. That att
p. 272 the Barbados hee was by when the skipper sould a horse for Three
Thowsand three hund** pownds of Sugar. And that the sugar now
on board the s** Vessell is part of the price of that horse. That the
Skipper when hee went out of the Vessell att Antegoe tooke the
writings by Consent of the Surprizers on shoare w*^ him, when hee
went uppon the Raft. That they would not permitt him this Depon*
to goe on shoare w*** the skipper because hee was an English man.
June 2<i ^^^ 2L Court held att the Crosse howse in S* Inegos hund^ in the
County of S* Maries 2° Junis 1659.
Josias ffendall Esq' GouO Cap* Will" Stone! Ass*
Philip Caluert Esq' Seer J Co** John Price J Cap* Miles Cooke.
Attorney w^^s called afore the Board Cap* Richard Husbands, & taxed for
Husbands Uttering certaine factious & mutinous speeches agst the Grouemour &
Gouerm* of this Prouince, whoe uppon his ill behauiour & unruly
comportm* is committed into the Sheriffes Custody. And uppon his
complyance & better comportm^ for the future is dismissed.
Re The St. Vppon the Inf ormaon as af ores** the Prisoners being all present
^^^^ were called, & Examined.
The Exaon of George Lyne one of the Company taken uppon the
Ship called the S* George of Amsterdam uppon suspition of Pyracy.
This Exam** Sayth That hee was one ; who surprized this Vessell
att the Barbados. And th* the s** Vessell did belong to a ffleming
there, That they came aboard her in a wherry Boate, w*^** they hyred
there that the s** Vessell rid allmost of the Barre, w*** two Anchors
downe, & that they cutt both the Cables when they went away.
The Exam" of Peter Janson one of the Company taken &c : This
Exam** Sayth That hee was borne in Norway, & did belong to one
Cap* Courtman that sayled out from Amsterdam, & by reason of his
ill usage, hee left the s** Courtman att Barbados. That hee knew the
master of this Vessell w*^ hee surprized, lyuing att Amsterdam,
That hee mett w*** this Company att the Barbados, where they agreed
to surprize this Vessell; & accordingly did doe it. That they in-
tended to sayle up & downe in her, for ffashion-sake, because they
were Saylors bread. That they did not stay att Antegoe, because
they durst not, hauing putt the Master there on shoare. That hee
cutt one of the Company, w*^** they tooke in her, ouer the face, w*^ a
Back-sword, because hee steared a wrong Course, & would haue
\ carryed the Vessell back againe to Barbados. And being asked
whither they intended to goe, after they went from this place, Sayth
That they would haue f ownd one place or other to haue gone to.
The Reexaminaon of Thomas Barrett, one of the Company taken
aboard the s** Vessell uppon suspition &c : This Exam** Sayth, that
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Provincial Court Proceedings, 1659. 309
hee was One that surprized this sayd ship or Vessell att the Barbados Liber
uppon noe other Commission, then uppon the Act Touching Trade. ^* ^' ^'
That comming from thence by Antegoe, they brought the s*^ Vessell
directly to this Riuer. As concerning the master of the Vessell, hee
sa3rth That hee was treated Ciuilly by him, & the rest ; But did not
proffer the s** Master the Vessell soe surprized by him againe.
The Exam*' of James Mountioy, taken &c:
This Exam** acknowledgeth in open Court what is sayd by him in Vid. sup.
his Exaon taken by the Gouemo' 31 May, & Reexamined sayth That ^^^' ^®
after hee w*^ the rest of the Company had surprized this Vessell,
they brought her away from Barbados into this Riuer, intending here
to make their markett to their best aduantage.
The Reexaminaon of Mathew Benham &c :
This Exam^ Sa3rth That hee was one of the Company th* surprized
this Vessell att the Barbados, & goeing in a Boate there, they layd
her on board. That for his owne part hee had noe Commis** for
taking her ; neyther knoweth hee whither any other of the Company,
who surprized her had, any Commis" to iustify them therein or not.
It appearing by the Examinaons & confessions of all the fores**
parties That they w%ut any Commis** had seized the s** Vessell,
uppon prentence th* shee belonged to Amsterdam. And neyther
bringing the master, nor any One Dutchman of her Company, nor
the Cocquetts, whereby it could be made clearely appeare to what
place shee belonged ; But only soe far forth as the Oath of Richard
Stockdale (who is an Englishman) is ualid, who protends hee was
one of the Company, shipped on board her att Amsterdam, & taken
in her att the Barbados.
Vppon Consideraon whereof, & of the Order prescribed in the
seuerall Acts of Pari* for the prouing of shipps to be lawfull prize,
w*^** by the s^ Prisoners hath not bene obserued. The Court doth Judge
That the ship called the S* George of Amsterdam, & her freight,
brought into this prouince by the s** Prisoners be seised into the hands
of the Lord Prop', And th* if w*^in a yeare & a day noe lawfull right p. 274
bee made appeare. That then the s^ Vessell w*^ all her freight, ap-
parell tackle & furniture bee adiudged lawfull prize, & th* in the
interim the goods in her bee appraysed.
The Court adiomed by the Gouemo'' till to morrow morning att
ten of the Clock, att Cap* Stones att S* Maries.
These are to Authorize & Requyre yo" to empanell a Grand Jury
of 24 men to enquyre of Certaine fellonies Committed agst his L^
rule & Gouerm*. And Retume this writt by to morrow Ten of the
Clock att the Court att Cap* Stones howse. Gyuen under my hand
& Scale this 2^ day of June 1659.
To Cap* Nicholas Gw3rther Josias ffendall #
Sheriffe of S* Maries County.
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3IO Provincial Court Proceedings, 1659.
Ubcr Att a Court held att S* Maries att Cap* Will" Stones howse 3**
Pnt«.
Josias ffendall Esq' Gou"" 1 Cap* Will" Stone
Philip Caluert Esq' Seer J Co** John Price.
Sheriffe Retumes his writt & warned for Juro"
fforema"
M' Henry Coursey Robert Macklin Vincent Attchison
M' Thomas Mathews Will" Eale, fforker ffrizell
M"* Richard Willan Daniel Clocker John Nicholds
M' Mathew Stone Will" Hewes Walter Waterlin.
M' Nicholas Yownge. Will" Waring
M' Will" Boreman Christopher Joanes
Lett it be enquyred for the Lord Proprietary, Whither Richard
Galey, Nicholas Salmon, Thomas Barrett, James Motmtioy, Mathew
Benham, George Lyne, Peter Jaiison did not uppon the third day of
May 1659 w^^'in the Poynts of Carlyle Bay, in the Island of Bar-
bados, the ship called the S* George of Amsterdam there ryding att
anker, from Jacob Dirreckson feloniously take & carry away, agst
the peace of his s** Lordship his rule & Gouerm*.
fforeman Retumes Verdict, Endorsed on the Backside of the Bill
of InditemS & Jury all agreeing & consenting (Viz) Ignoramus to
this Rule & Gouerment.
It appearing to the Court by the seuerall Examinaons of all the
foresayd persons, That they did surprize the Vessell S* George, &
her lading att the Barbado's w*** out any Commis" therefore uppon
p. 275 pretence that the sayd Vessell & Goods were law full prize. Yett for
want of Sufficient testimony & power to take cognizance of the s**
ffact, as done w*** in this Jurisdiction the s** persons, cannott bee
condemned therefore. And further for th* the s** persons, are danger-
ous & turbulent, & apt to rayse mutiny & sedition w*** in this Prou-
ince, if they be together & permitted to remaine in the Prouince. It
is therefore Ordered th* the s** persons bee forthwith banished, &
expelled this Prouince. And not to returne hither againe w*** in
ffowre months uppon such penalty and censure as the Gouemo' &
Coimcell shall thinke fitt to impose in case any the fores** persons
shall presume in Contempt of this Order of Court, to returne into
this Prouince againe, afore the time limitted as afores**.
Court Whereas att the Prouinciall Court held in March last, the next
Postponed Prouinciall Court was appoynted to bee holden in Ananuidell County
the 20*** of this p*nt month of June, W*^ by reason of the distance
of the place, & sundry other accidents and occasions happening can-
not be conueniently kept on the prefixed day. The Gouemo"* therefore
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Provincial Court Proceedings, 1659. 311
hath thought fitt to adiome the s^ Court. And doth appoynt the next Liber
Prouinciall Court to bee holden for this Prouince of Maryland to ^* ^' ^
begin the first Twesday, being the ffowrth day in the month of Oc-
tober next following Vnlesse hee shall see Cause to Call a Prouinciall
Court sooner.
writt of Exequuon issued to the Sheriffe of S* Maries County att June i7tJ>
the request of Walter Hall agst the Estate of Anne Hammond ac- j^^mmond's
cording to Order of Court 25° Aprill last for 1 166* of Tob. & Cask. Estate
Clks ffees writt scire 38 Order &c 16 writt Exeq" 23 77, ^"^- ^°'* ^^^
Will" Hewes Recordeth his mark of Cattle &c: (Viz) The left mark
eare Cropt, w*** Two Slitts in the Crop, The Right eare underkeeld ^^
w*** a hole in itt.
Edward Packer demands warr* agst Cap* Richard Husbands in an Packer v.
accon of Debt to the ualew of 1500* Tob. Husbands
Warr* to the Sheriffe of S* Maries County to arrest &c : Ret next
Prouinciall Court whensoeu"" or wheresoeu^ to be held.
Henry Heylin recordeth his mark (Viz) The left eare Cropt, & a mrk Cattle
great Roman H under it crosse the eare. The Right eare underkeeld
w*^ two holes in it.
Robert Holt enters his mark of Cattle & hoggs, (Viz) Both Eares June 20th
Cropt, & Both eares underkeeld. mrk Cattle
Know all men by these p*nts th* I John Half head of Patux* Riuer p. 278
in the Prouince of Maryland, haue gyuen graunted & confirmed, & h4<rs*Cow
doe by these p*nts giue graunt & confirme unto Will" Land, sonne
of Philip Land of the s^ Prouince One Red Cow w*^ her left Cheeke
black commonly called Cherry w*** all her encrease. To haue & to
hold to him the s*^ Will"* Land his heyres & assignes for euer. In
wittnes whereof I haue hereunto sett my hand this 20*** of June 1659
Wittnes Philip Caluert. The H mrk of
John Halfehead
Receiued by mee Job Chandler, Executo' of Samuel Scott, of Chandler v.
M"" Will" Coursey, for Cattle bought by M"* John Coursey, of the ^^""^
aboues** Scott, the summe of seauen hund** pownds of Tob & Cask.
This was receiued uppon the account aboues** this 6*** June 1659
By me Job Chandler.
Know all men by these p*nts th* I Henry Nedham of S* Maries Henry
in the Prouince of Maryland doe for me my heyres, Executo" ad- ?^-^*"
mistrato" or assignes firmely bind ouer unto Will"* Cole of the same
place his Executo" adihistrato" or Assignes All my Crop of Tob,
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312 Provincial Court Proceedings, 1659.
Liber and Come now growing; And One Cow, one heyfer, & one Calfe,
P. C R. ffowres Steares two of them 4 yeares old, one fiue & one Six yeare
old, now resident att Lin hauen. The Cow is Cropt both eares, & cutt
ouer behind of the right eare, & underkeeld of the left eare. The
rest of the s^ Cattle marked w**" a fflower de Luce on the left eare, &
underkeled on the right eare. This Crop & Cattle I doe freely pos-
sesse the s*^ Cole w*^ as his owne proper goods, from any p*son or
p*sons whatsoeu^ And for the true performance of the same I haue
hereunto sett my hand & Seale this 4*^ day of Jtdy 1659
Testes Andrew Warner Will" Lucas. Henry Nedham
Se # ale.
The Condicon of this Obligaon is such, That if the s** Henry
Nedham doe satisfy & pay unto Symon Ouerzee one Debt w** the s**
Cole his Bond is out for the s^ Henry Nedham, or deliuer the s**
Cole his Bond, Then this Bond to be uoyd & of none effect, otherwise
to stand in force.
Testes Will" Lucas Andrew Warner.
p. 279 Wee whose names are here underwritten being requested by Cap*
Will" Stone Esq*" to ueiw a parcell of goods th* are damnifyed, w**
goods the forenamed Cap* Stone did receaue out of the shallop of
Cap* Samuel Tilghman, After ueiw taken thereof & duly considered
the dammages wee doe testify as followeth, (Viz)
A peice of Lacram of 52 ells, the best halfe thereof damnifyed.
Ten yards of Scarlett bays quite rotten in the middle, not worth one
third of the first ualew. One peice of Buckrom quite rotten. Cont
13 yards. Twenty fowre yards of Canuase wholly damnifyed. A
peice of Dowlas Cont 52 ells the one halfe damnifyed 2* of Browne
thread & 2* of Twyne wholly rotten. Seauen Lockram Shirts alto-
gether rotten. One dozen Lockram shirts one quarter damnifyefi.
These aboues** goods were shewen to us, and the Dammage iudged
according to the best of our understandings, as wittnes o"* hands the
1 1*^ ffebruary 1658.
Symon Ouerzee Joseph Harryson.
Symon Ouerzee of the Prouince of Maryland Merch* Aged 31
yeares or thereabouts maketh Oath th* this Appraysm* made by him
& Joseph Harryson, was according to the best of his understanding &
skill. And further Sayth not Symon Ouerzee
Swome before me this 18*^ of May 1659 Job Chandler
Joseph Harryson of the Prouince of Maryland Aged 36 yeares or
thereabouts swome & Examined Jurat idem ut Supra.
Swome before mee this 26**" of May 1659 Job Chandler.
These Depositions were taken in the p^nce of Edward Prescott.
Attest. This is a True Copie & agrees w*** the Originall
Ita testor Will" Bretton Cler. 3^ June 1659.
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Provincial Court Proceedings, 1659. 313
These are to Will & requyre yo" in the Lord Proprietaries name, Liber
to summone all such persons, who haue not subscribed the Engagem* ^'^' ^^
w^in yo*" County to appeare att the meeting howse in the s^ County Oath of
uppon Twesday the second day of August next Then & there to ^^^^"^
shew Cause why the Lands in their possess**, or pretended to be held P^ 280
by tytle derjrued from them, shall not be seized into the hands of the
Lord Proprietary. Hereof fayle not as yo" will answere the Con-
tray att yo"* peril!. Gyuen under my hand this 23*^ day of Jtdy 1659
Josias ffendall.
Or if any man haue any other busines, Doe yo" arrest them that [An order
yo" shall be desyred to the Court to be held att the same time. And Q^Sk^i"*^
this shall bee yo"* warr*. Gyuen under my hand this 24*** of July 1659. J?*^^ ** ^'*
Josias ffendall. printed in 3
Md. Arch.
Thomas Ringhould demands warr* agst Joseph Wicks in accon juiy"*25th *
Case. ^m«^^^ ^•
Wickes
warr* to the Sheriffe of Kent County to arrest &c: Ret. Prour
Court to be holden in Anarundel County 2^ August next.
Simimons to idem Sheriffe for Thomas Hinson, Thomas Sowth,
Will"* Leeds, Deliuerance Loueley. And to Sheriffe of Anarundell
Counte pro Roger Grosse to testify in ditt caa. Sub poena 500* Tob
each &c: Ret 2° August ut supra (pro Ringhould.)
Summons to Sheriffe Anarundel County for Will" William &
John Salter to testify in ditt. Subpcen : 500* Tob. (pro Wicks.)
Will"* Williams demands warr* agst Joseph Wicks, Accon sup' p. 281
facp Williams v.
^^^^- Wickes
War* to the Sheriffe of Kent County to arrest &c : Ret. Prouinciall
Court att Anarundel 2** August ut supra.
Simimons to idem Sheriffe for Thomas Snowks, Thomas Brookes
& ffrancis Brookes to testify in ditt. subp. 500* Tob. (pro Williams)
Speciall warr* from the Gouemo"* to the Sheriffe of Kent to arrest juiy 26th
the Body of Edward Coppage, to make answere w%ut delay, to such Attorney
things as shall be layd to his charge on the behalfe of the L*^ Prop^ Coppagc^*
who is bownd ou"* to answere att the Court ut supra 2** August in
Anarundell Coimty.
Richard Blunt dds warr* agst Philip Thomas accon sup*" Case. July 27th
warr* to the sheriffe of Anarundel to arrest &c: Ret 2** August ut jh^mas'
Supra in Anarundel County.
Richard Deauer dds warr* agst Archibald Archbuckle, accdn sup"* Deaver v.
r^g Archbudcle
warr* to Sheriffe Anarundel to arrest &c : Ret ut supra
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314 Provincial Court Proceedings, 1659.
Liber Walter Smith dds warr* agst James Sudward accdn sup^ Case.
Sniitii v' ^^^ *^ *^^ Sheriffe Anarundel to arrest &c : Ret 2** August.
Sudward
Holman v. Will" Holeman dds warr* agst George Dorrell accdn of Debt
^^^^ ^ war* to the Sheriffe Anarundel County to arrest &c : Ret 2** August
next ut supra.
Freeman V. Elizabeth ffreeman dds warr* agst Thomas Meares Accon suif
Meares ^ o ir
Case
War* to the Sheriffe Anarundel County to arrest &c : Ret 2^ August
next ut supra.
Taylor v. Thomas Taylor dds warr* agst Will" Armitage, Accon Debt.
"^"^ ^ war* to the Sheriffe Anartmdel County to arrest &c : Ret 2^ August
next ut Supra.
Wjdces V. Joseph Wicks dds warr* agst William Williams in an Accon of
^*"^*™Debtof i200»Tob.
war* to the Sheriffe of Anarundel County to arrest &c : Ret att
the Court 2^ of August next, ut Supra.
2d August Sheriffe Anarundel County Returnes his writts (All Executed)
Sheriffs Sheriffe Kent County Returnes (writts all executed)
Returns
p. 282 Att a Court holden in Anarundel Cotmty on Twesday 2^ August
1659.
Pnt«
Josias ffendall Esq*^ Gou' fCo** Nathaniel Vtye
Philip Caluert Esq^ Sec'' \M^ Edward Lloyd.
Re Hinson Whereas Thomas Hinson hath petitioned this Court, Shewing that
hee hauing taken up the Boate wherein Edward Darcy & some others
were drowned, neare the Isle of Kent, being desyred by the s*^ Darcys
Ouerseer to take up the same. W*^** he did, deliuering the same Boate
to the cheife in Authority, taking a discharge uppon the deliuery of
the same under his hand att Anarundell & now by his Pet" Crauing
for his paynes taking therein, as the Court now sitting shall adiudge
him.
It is Ordered th* the s** Thomas Hinson haue One hund** pownds
of Tob. payd him for his s*^ paines & Care taken, by those (whoeuer
they bee) that possesse & enioy the s*^ Boate.
i Was Called afore the Board George Dorrell, James Homewood &
^ Thomas Homewood, & other the Inhabitants of the County of Ana-
rundel (being warned to appeare uppon speciall writt) who haue
p not subscribed the EngagemS nor made Oath of ffidelity to his
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Provincial Court Proceedings, 1659. 315
Lordship, according to Act of Assembly in that Case prouiding : To Liber
shew cause why the Seuerall Lands or plantaons seated & planted by ^- ^* ^
them, should not bee seized into the L** Proprietaries hands ; They
hauing not performed the Condicons of Plantaon propownded &
graunted by his Lp, whereby they be made capable & assured of
enioying the same.
In answere thereto George Dorrell Sayth, That hee hath not sub-
scribed the Ingagemt neyther will he make oath of ffidelity to his
LP And further that part of the Land hee now enioyeth, was taken
up by him uppon his owne Right, for his Transport. And part he
purchased & bought of Richard Yowng Deceased, before the En-
gagem* was propownded or tendred according to the Act.
James Homewood & Thomas Homewood say the same Touching
the Engagem* & Oath of ffidelity. Yett they presume to haue Right
to the Land they enioy for that they made Oath of ffidelity in Cap*
Stones time of gouerm* & Seating their Lands uppon his L^* promise.
Co* Nathaniel Vtye being desyred by the Gouemo"* to deliuer his
Opinion in this Foynt. Sayth. That those poeple who deny to
comply w*^ & f ullfill such Condicons of Plantaon propownded by his
LP. Ought not to enioy their Lands, allthough seated by them.
M"* Edward Lloyd Sayth, That the Articles not being performed, p. 283
The Land to belong to the Proprietary. Yett in his Judgm* there
ought to be some Consideraon allowed for paynes of clearing, &
charges of building uppon the same.
M*" Secretary. That noe one can claime any Land in this Prouince
but Conditionally. That those Condicons are not p'formed by those
th* haue not subscribed the Engagem*. And therefore that the Lands
of the non-subscribers be seised into the hands of the L^ Proprietary.
Grouemo^ Whereas the Lord Proprietary did graunt Land to
those, who transported themselues into the Prouince : prouided that
they f ullfilled such Condicons, as his Lp had thereunto annexed. W**
those poeple who did not take the Oath of ffidelity, or in roome
thereof, who did not subscribe the Engagem*, & doe still refuse soe to
doe haue noe Right or Tytle to the Land by them taken up. And th*
the Lands be therefore seized into the hands of the Lord Prop*".
It is therefore Ordered th* the Land of the s^ George Dorrell, &
the Lands allso of all the other seuerall Inhabitants of the County of
Anartmdell refusing to take the Oath of ffidelity to his Lp or sub-
scribe the Ingagem*, according to the Condicons of Plantaon by his
s^ LP propownded, & instructions thereunto annexed, be forthw***
seized into the hands of the L*^ Proprietary.
Was Called afore the Board Edward Coppage, & taxed, for th* Attorney
being warned by the Sheriffe of Kent County, & prest by him (by c^p!™^*
order & uertue of Commis"* from the Gouemo"*) to assist him the s^ Writt
Sheriffe in a Boate uppon the Country seruice, for making, or con- ^^f^i ^g-
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3i6 Provincial Court Proceedings, 1659.
Liber eluding a Peace w*^ the Easterne Shoare Indians of this Prouince :
Vide ^3 Slid ^** ^^ denyed to doe, & att the same time for gytiing the s^ Sheriff e
Arch. Coun! some contumalious words or speeches.
^^ The s*^ Coppage Sayth, th* he did not refuse to goe w*^ him; BuJ
only willed him to goe & gett his other Company ready ; & then hee
would satisfy him, whither hee would obey his Command, & goe
along w**" him, or noe. As to those Contumelious words wherew*"* he
is now taxed. Hee doth not deny the same.
It is Ordered That the s^ Coppage for his contempt in disobeying
Lawfull authority & power, & his upbrayding the Sheriffe in words,
haue Twenty Lashes on the bare back gyuen him by the Sheriffe
forthw*^.
Writt to Sheriffe, (according to the Order) ad Exequendu.
(iS7 ^^ ^^"^^ ^^^^^ *^ ^^^^^ J^^" Holliday, & Chafged how th*
HoUiday hee the s** Holliday being willed & requyred by the Sheriffe of Ana-
p. 284 rundel to ayde and assist him, in what then actually concerned his
Office who refused to giue his assistance as he ought in such Cases,
being lawfully requyred thereto. In answere The s*^ Holliday ac-
knowledgeth that hee did not ayde the Sheriffe, when soe requyred
by him.
It is therfore Ordered that the s^ John Holliday haue Twenty
Lashes on the back gyuen him by the Sheriffe for his obstinancy &
contempt in disobeying lawfull power & authority here.
Writt to Sheriffe (according to the Order) ad Exequndu forthw*^.
Attorney Was Called afore the Board Peter Sharpe, & charged That he the
"sharpe ^^ Sharpe being requyred to assist the Sheriffe of Anarundell in the
apprehending of a Delinquent, as by his place & office he might doe.
The s^ Sharpe refusing to obey his s** Command, W^ the s*^ Peter
Sharpe acknowledgeth he did not doe.
ffor w** Contempt It is ordered That the s** Peter Sharpe be f yned
therefore, & pay to the L** Proprietary ffiue hund*^ pownds of Tob &
Cask.
Hopkins V. Whereas William Hopkins hath petitioned this Court agst Owen
Morgan
Morgan his seruant. Shewing That he the s*^ Owen hauing absented
himselfe six whole weekes out of his s** Masters Seruice, hee hath
susteyned much dammage in his Crop this yeare, & charge in looking
after him to the ualew of 3000* Tob. And further, th* hee the s*^
Hopkins gyuing his s^ Seru* Correction, his seru* struck him his
Master w*** a Club, threatning him w*^ many unciuill & opprobious
words, w*^ Cursing, swearing blaspheming &c :
It being proued th* the s^ Owen was absent from his Masters
seruice six whole weekes. Ordered according to the Act That hee
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Provincial Court Proceedings, 1659. 317
dowble the time by seruice (Viz) Twelue weekes longer, after the Liber
expiraon of his time. As to the dammages w*^^ the s*^ Hopkins al- ^* ^' ^*
leageth hee hath susteyned in his Crop to 3000* Tob. Ordered as
shall be adiudged, uppon proofe by the Commis" of the County
Court. As to his swearing &c : Ordered th* the s*^ Owen Morgan haue
Thirty Lashes gyuen him on the bare back by the Sheriffe for his s^
swearing & blaspheming, & disobeying his s^ Master.
War* to the Sheriffe ad Exequendu forthw*^.
To the hon^'* &c: The humble Pet» of Richard Deauer Sheweth. Deavcr v.
That whereas yo"* Pet*" bought a parcell of Land in this County of Archbucklc
Anarundell of Archibald Archbuckle, w** was assigned ouer to the
s*^ Archbuckle from John Couell (now deceased) And th* the s** p- 285
Couell being one that refused submission imto the p*nt gouerm*.
The sale of the s** Land cannot be made good, w*^^ will be much to
the dammage of yo*" Pet', he hauing payd for the s*^ Land, wherefore
yo*^ Pet' humbly Craueth Redresse herein &c :
To the pet" of the pif the deft sayth, That the plf ought not to
recouer of him, but of John Couell, to whom the Land did first
belong, & therefore ought in all right & equity to make good the Sale.
And thereuppon Craues an Non-suite, w*^** was graunted.
The pif Sheweth by her Pet" That her ffather being killed w*^ the Elizabeth
the Indians, her Mothers Estate was ualued by Appraysm* att 8000* fj,omas" ^
Tob, besides the furniture of her Chamber. Who afterwards mar- Meares
ryed her selfe to the deft Thomas Meares. W*^ Meares now ref useth
to giue ace* of th* Estate; & keepeth her Brother as a Seruant or
slaue, deteyning some things allso from the pif, w*^ were by her
ffather formerly gyuen her. ffurther Craning th* the deft may be
enforced to giue in an account uppon Oath concerning the s*^ Estate,
& That her Brother may haue liberty to choose his guardian. And
th* that her Brothers Estate may be deliuered unto the pif, for her &
her Brothers use.
The Court see noe Cause of Accon, & thereuppon the pif is non-
suited.
To the hon"^ &c: The humble Pet" of Will*" Holman Sheweth, Holman v.
That whereas yo"* Pet' hath due unto him a Cow & yeareling Calfe ^*P"*"
from Thomas Chapman in Consideraon of works done last yeare.
And the s^ Chapman uppon his departure out of the prouince, ap-
poynted George Dorrell to deliuer the s** Cow &c : unto yo' Pet', when
the s** worke was finished w** being demanded. Deliuery was refused
by the s^ Dorrell, And afterward by reason the frost, the s^ Cattle
perished, whereby yo' Pet' is yett unsatisfyed in part of his labour,
who therefore Craueth order for satisfaction eyther in Cattle or
ualew w*^ Costs of suite &c :
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3i8 Provificial Court Proceedings, 1659.
Liber The deft denyeth what the pif alleageth in his Pet". In which
P.CR. Case^ Abraham Holman deposed in open Court sayth That his
Brother should haue had a Cow deliuered him, when hee had sett up
25 Tun of Cask.
To w*^** the deft sayth, th* att the finishing of the Bargaine hee gaue
the pif his Bill, or Condicon up ; Telling him th* the Cow w*^** hee
was to haue, was in his plantaon; & therefore willed him now to
looke after her himselfe for th* he was discharged of all bargaines w*^
him.
p. 286 John Stewart deposed in Court sayth, That uppon the deliuery in
of the Bill, he wished the pif to looke after the Cow. And the pif
desyred the deft to giue the Cow some Come, & he would repay it
againe sa)ring th^ hee would fetch her ouer the water, soe soone as he
cotdd.
James Sudward Sayth That hee & the pif came to the Defts
Brothers howse, intending to goe unto the Indians: & discoursing
about the bargaine performed. The deft willed the pif to looke after
his Cowe himselfe. And th* before they came to that howse, he heard
the pif say That he could find in his heart to carry the Cow ouer
uppon the yce
The Judgm* of the whole Court is, That there was a sufficient
tender made by the deft.
Ordered That the pif be nonsuited.
Blunt V. To the hon"* &c: The humble Pet" of Richard Blunt Sheweth,
Thomas Y^^hg^eas yo"" Pef hath bought of Philip Thomas this parcell of
Land cleared & uncleared, w*^ the howses uppon the s*^ Land, & hath
warranted true sale thereof from any p^son or p*sons laying claime
thereunto. Yo"* Pet*" hath sought for a Patent for the houlding of
the same Land w** hath bene denyed him. Yo^ Pef humbly Craueth
that the s*^ Philip Thomas may make true sale of the Land & howses,
th* he hath sold unto yo' Pet*", or th* hee may haue his Tob againe that
hee hath payd to the s*^ Philip Thomas for the s^ Land, & &c :
The deft sa3rth, That there was such & such Land, reserued by
the Inhabitants of this County, att their first comming up here to
seate, for their publike use (intending to gett the same confirmed by
his Lordship) whereon att their common Charge they afterwards
erected a meeting howse, (the howse the pif now claymeth to be his,
according to th* Condicon) On w** Land the deft was permitted then
to seate, w*^ the consent of the Inhabitants here. And afterwards
relinquishing the s^ Land, whereon himselfe had both built & cleared,
hee sold his right therein to the pif Richard Blunt, & his Copartner
Thomas Sowth. And Thomas Sowth (then present in Court) eui-
denceth & declareth That att the Bargaine making w*^ the deft for
that Land, hee did not intend to claime that howse now in question,
for hee knew & understood th* it was euer intended for the publike
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Provincial Court Proceedings, 1659. 319
use of the County : But only the grownd cleared, & those howses Liber
built att the def ts owne proper Costs. *
The Judgm* of the Court is, That, according to the Declaraon
of Thomas Sowth, first mentioned in the Deed or Bill of Sale, who
understood th* the deft had but a permissiue right in that Land, &
th* hee sold noe other right, but only that permissiue right : the pif
can challenge noe other right, then what the deft sold, & the pifs p. 287
Copartner Thomas Sowth acknowledgeth, & was intended.
The deft hath not wronged the pif in the sale.
The Court adiomed by the Gouerno*" till tomorrow morning 10*^
Clock.
To the SheriflFe 2 10* To the Cik 062*. Attorney I
Writt of Exeq" issued to the SheriflFe & Clerke of County of Kent, Coppa«e^ '
flfor SheriflFe & Clerkes flFees according to the Order of Court &c : I
fol. 283, agst Edward Coppage
War* to the SheriflFe of Anarundel County to bring Thomas Attorney |
Thurstone to the Court to morrow morning. To make answere to j^rston
what shall be there obiected agst him on the behalfe of the L** Pro- j
prietary.
■
Att a Court held in Anarundel County on Wednesday 3** of August Aug. 3
1659.
Pnt*
Josias flFendall Esq*^ Gou"" 1 Co* Nathaniel Vtye
Philip Caluert Esq' Seer J M** Edward Lloyd.
Whereas Thomas Ringhould pif sheweth by his Pet" That hee Ringgold v.
surueyed a parcell of Land on the Easteme Shoare in Chesapeack ^^^^*
Bay ouer agst the North East end of the Isle of Kent, & adioyning
to the Land surueyed to Thomas Sowth, And whereas Joseph Wicks Exeq"
deft came afterwards & surueyed the same Land in his owne right, yld^lol 321
thereuppon clayming & pretending tytle to the same, cutting out the
pifs marks on the s*^ Land, as himself e acknowledgeth in Court.
John Salter (att the instance of the deft) sayth That M*" Clearke
told M' Wicks, th* what Land hee had made choyce of for himself e
hee should haue noe wrong therein; & shewed M*" Clearke the
Certificate of the suruey. And M*" Clearke gaue him the Certificate
back againe, Saying th* when hee came up, hee would rectify it, other-
wise that his Certificate should stand.
It appearing by the date of the Certificates of both the Sunieys
produced & Shewen in Court, That the pifs Certificate bares date
2ith flfeb: 1658 & confirmed by the Surveyo"* under his hand 25
flFeb. flFollowing. And the defts Certificate (being surueyed & signed '
by himselfe) beares date 27 Aprill 1659.
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320 Provincial Court Proceedings, 1659.
Libcr The Judgm* of the Court is, th* the pifs Certificate ought of right
P. C R. ^Q Yyec pref erd, & take place according to itts date. Ordered That the
pif enioy his right in the s*^ Land, & haue Pattent according to Certi-
ficate for the same. W*^ Costs of suite.
Re Scotch- Whereas Godfrey Bayley hath Petioned this Court in the behalfe
^ * p. 288 o^ Rose Scotcher Widow, That according to the Custome of this
Prouince shee haue allowed her necessary furniture for her Chamber,
before the Estate be deuided. Ordered according to the s^ Pet",
That M"" Edward Lloyd M^ Samuel Wythers, & M"" George Vtye,
choose out of the Estate of John Scotcher Deceased, (allready inuen-
torized & now exhibited in Court) , such necessaries as may be reas-
onable for furnishing the Pet" Chamber as to them shall seeme
conuenient.
Allcock and Whereas Samuel Allcock & Will" Slade pifs haue petitioned this
Hawkins Court agst Raph Hawkins deft. Shewing, That they bought a parcell
of Land of the deft, for w** they gaue their Bill, engaging themselues
thereby to pay 1306* Tob & Cask That In part of paym* for the s**
Land the Pet" haue payd allready 360* Tob. & 3 barrells of Come
receiued by the deft att 70* the Barrell, Requesting, That seeing the
deft can make them noe assurance of their peaceably enioying the
same, they may haue their Tob. & Come back againe repayd them
by the deft, & their Bill deliuered them in, to be cancelled. The deft
hauing not subscribed the Ingagem* as is prouided for by Act of
Assembly, nor made Oath of ffidelity to his L^ according to Con-
dicdns of Plantaon & proposed by his L^; & still refusing soe to doe,
hath consequently rendred himselfe tmcapable of gyuing any assur-
ance of the Land soe sold by him; or holding any other Land of or
from his L^ according to Condicons of Plantaon.
It is Ordered That the deft repay the 360^ Tob. & 3 barrells of
Come (eyther the Come or the ualew att 70* p"* Barrell) to the Pet".
And deliuer in their Bill, (w** is accordingly deliuered & cancelld in
Court And the parties now possessing that Land pay the full
summe of Thirteene hund*^ pownds of Tob & Cask, to his L^* Re-
ceiuer for the use of his L^. And the Land to bee thereuppon
gratmted to them tmder the Create Scale of the Prouince, to be
holden of his s^ LP.
F''««^ V- Whereas John ffreeman p' Attomat Richard Huggins pif hath
petitioned this Court agst Thomas Miles deft Shewing, That hee
hauing bought a parcell of Land of the deft, Conte)aiing by Estimadn
Ten Acres, Lying on the Sowth side of Seaueme Riuer betweene the
Land belonging to Edward Dorcy & John Norwood, for w** hee hath
allready payd & satisfyed fine hundred & ten pownds of Tob, (being
the price of the Land) yett can haue noe assurance thereof, his L***
Condicons of plantadn, being not performed by them, who first
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Provincial Court Proceedings, 1659. 321
tooke up, & sold the same, Crauing therefore th* the s^ Thomas libcr
Miles may eyther according to his Engagem* w*** the pif giue him p*^^
Assurance that he may peaceably enioy the same w^^out molestaon
or trouble, or ells repay the 510* Tob back againe to him. It appear-
ing by the deft his Condicon or Bill of Sale shewen in Court th*
Nicholas Wyatt first tooke up this Land, & sold the same to the deft
And the deft sold the same againe to John ffreeman pif. And for that
the s** Nicholas Wyatt hath not subscribed the Engagem*, as is
prouided for by Act of Assembly, nor made Oath of ffidelity to his
LP according to Condicons of Plantaon proposed by his Lp & still
refusing soe to doe, hath consequently made himselfe uncapable of
gyuing any assurance of the Land soe sold by him ; or of holding any
other Land of or from his s*^ Lordship, according to the Condicons
of Plantaon.
It is therefore Ordered That the s^ Nicholas Wyatt who first sold
this Ten Acres, (hauing noe right thereto, in not complying w*^ the
Condicons of Plantaon as afores^) Repay back that ffiue hundred &
Ten pownds of Tob to John ffreeman : And ffreeman againe to pay
the same summe to his L^* Receiuer, for the L*^ Proprietaries use,
And thereuppon the s** ffreeman to haue that Land confirmed unto
him, & his heyres for euer from his s** Lordship, w*^ Charges of
Court
Thomas Ringhould informes the Court, how th* M^ Joseph Wicks Re Wickcs
being appoynted Deputy Surueyo^ hath surueyed a parcell of Land
knowne by the name of the Lower Easteme neck, where Thomas
Hinson is now seated, in behalfe of himselfe & the sayd Hinson for
300 Acres or thereabouts : whenas there is much more Land w*^in
those marked Bownds soe surueyed by him. Def rawding thereby his
LP of the Land, & consequently of his due Rent. And therefore
Craues th* the Court would authorize some One, to Resuruey the
same Land againe.
Ordered (according to the s** Ringhotdds Request) That M"^
Robert Burle, Resuruey that same parcell of Land, formerly sur-
ueyed as afores^, & Retume Certificate of the Suruey thereof to the
next Prouinciall Court to be holden 4*^ of Octob^ next.
Commis" to M"* Rob* Burle &c : according to the Order.
Whereas M"* Thomas Hinson hath petitioned the Court, Shewing Hinson v.
That hauing warr* to take up Land, The Surueyo"* being not then able Courscy
to Lay out the same. Authorized him to marke any parcell of Land
not formerly marked or surueyed, & att his next comming up into
these parts he would suruey the same for him, W*^** the Pet' did,
Yett the Surueyo' not hauing layd out the same & deputing M"* Will"*
Coursey his Deputy, his Brother M' [Henry Coursey] intends as the
Pef is informed to obstruct him in th* his choyce, Presuming that his p. 290
s*^ Brother, being Deputy Surueyo^ e3rther hath or will suruey th*
21
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322 Provincial Court Proceedings, 1659.
Libcr Land from his s^ Brother. The s^ M' Henry Coursey alleaging, tW
P. C. R. j^ jg allready Surueyed for him. And humbly Craueth th* M' Wil-
liam Coursey may declare & informe the Court whither or noe hec
did understand th* the Pet' had marked th* Land there. And whither
hee hath surueyed that Land for his Brother, now in dispute, )rea or
noe?
Will" Coursey, Sayth uppon Oath, That goeing to suruey Land on
the Easteme shoare, he found a Tree marked there w*** an (H) &
understood by M"" Ringhould th* M' Hinson had marked some trees
in th* place : But knew not in what Branch hee had marked them ; for
in the Creeke there were Two branches. And that hee hath not
surueyed th* Land for his Brother Henry, or any other, now claymed
by M' Hinson.
Ordered therefore th* the Surueyo'' Suruey that Land specifyed
and marked by M' Hinson, for the s^ Hinsons use.
Kent It is Ordered that those Plantadns allready seated, or to bee seated
Li^^ on the Easteme shoare adioyning & neare to the Isle of Kent, shall
bee esteemed as belonging to Kent County, till further Order therein
from the Gou' & Councell to the Contrary.
Attorney Was called afore the Board Thomas Thurstone & demanded why
Thw-*ton b^^^g formerly banished this prouince, hee hath presumed to retume
Vide 3 Md. hither againe contrary to an Order sett forth & published on the 23*^
Arch. Cotm. j^y ^j j^y j^^^ j^^ contempts of his L^' authority here. Deluding
the poeple w*** uisions & such like fancies uery preiudiciall to his L^*
peace & gouermS & noe small disturbance to the quiett of the whole
prouince.
In answere thereto the s^ Thomas Thurstone Sayth That hee hath
not bene in the prouince aboue Twelue dayes & therfore doth not
conceaue th* That Order hath relaon to him being in the prouince att
the making & publishing thereof. That hee hath not done any thing,
since his arryuall, preiudiciall to the peace of his L^, or quiett of the
Prouince : Neyther doth hee conceaue that hee hath bene formerly
banished.
Whereuppon the Court Ordered this following Order to be drawne
up and published. [See 3 Md. Arch. Coim. 364]
The Gouemo' dissolued the Court
p. 291 writt of Exeq" issued to the Sheriffe of Kent for his Sheriffs &
Vid. fol^l Clerks ffees uppon the goods &c of Thomas Sowth, in th* Cause
Sheriff of iudged betweene him the s^ Sowth & John Salter besides ffee of
Sheriff of Writt of Exeq"* issued to the Sheriffe of Ananmdel County &c :
Anne agst John Larkin for 1006* Tob. according to Order of Court 25
Larkiii Aprill 1659, Besides CJk ffees Order & Copie 32 writt Exeqn 23 55
Vid. fol. 258
V
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Provincial Court Proceedings, 1659. 323
Thomas Bennett complayneth agst Thomas Gerard Esq' & dds Liber
writt in accon of Case. P-^C.^^ ^^^^
Siunmons to M' Gerrard to be the next Prouinciall Court to be Bennett v.
holden 4*** of Octob next, there to answere &c : Gerard
Daniel Qocker complayneth agst Job Chandler Esq' & demands Qocker v.
writt in an accon of Case. Chandler
Summons to M' Chandler to be at the Prouinciil Court to bee
holden 4th of Octob'
Writt to the Sheriffe of Caluert County to haue Philip Morgan August 17th
gent" att the Prouinciall Court to be holden 4**> of Octob' next to \^^^
answere to what shall be then & there layd to his charge on the General v.
behalfe of the Lord Prop'. Morgan
Writt to the Sheriffe of Caluert County Pro non Subscribers the Oath of
Ingagem* ut ante in Anarundel County fol 279 Ret. Eod. die ut in ^^^^^^
writt.
John Tucker Records his marke of Cattle &c: (Viz) Both eares mrk Cattle
Swallow Tayled.
Thomas Manning Recordeth his marke of Cattle (Viz) The right
eare Cropt, & a slitt in the Crop, The left eare underhald.
Thomas Manning Recordeth these Cattle for his sonne John Rc Man-
Manning, being gyuen him the s** John, by his Vncle Richard Man- """K** C^aXt
ning (Viz) One Browne Cow called Star-buck, One yearelirig heifer,
& one Steare Calfe, marked. The Left eare Cropt, & a slitt in the
Crop, The Right eare ouerhald.
Vincent Attchison came & demands war* agst Thomas Barrett August 22th
accusing him of Incontinency &c : Atchison v.
War* to the Respective Constables of S* Maries, S* Georges, S*
Inego's, & S* Michaels hund^, to bring the s^ Barrett imediately or
before 3 clock to morrow aftemoone afore &c : to answere &c : ut in
Writt, & Then Ret next Prouin- Court 4** Octob^
Richard Couell p' Attomat, Thomas Mathewes demands writt agst Covell v.
William Battin in accon Sup' Case. Battin
Warr* to the Sheriffe Charles County &c : Ret. next Prouinciall
Court 4** Octob*" next, ut supra.
Will™ Boreman recordeth his marke of Cattle &c : The left Eare mrk Cattle
Cropt w*** two slitts in the Crop, The Right eare underkeld.
M' Symon Ouerzee demands warr* agst John Williams in accon Overzee v.
of Debt. Williams
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324 Provincial Court Proceedings, 1659.
Liber War* to the Sheriffe of S* Maries County to arrest &c : Ret next
P. C R. Prouinciall Court 4** Octob*" ut Supra.
^vin V. Hugh Benin dds war* agst Thomas Haruey in an accon Case.
^ War* to the sheriflFe of S* Maries County to arrest &c: Ret next
Prou : Court 4** Octobris, ut Supra.
Gerard v. Know all men by these p*nts That I Walter Hall of Newtowne doe
p.^293 & ^^ Consideraon that M*" John Jarbo of the same place is engaged by
Judgm* to pay unto M*" Thomas Gerard & M' Robert Slye Certaine
Debts for the Estate of Henry flFox deceased, ffor w** I the s** Walter
Hall Admistrato' to the s** flFox doe make & firmely bind ouer all my
Crop this present yeare to the s^ M' Jarbo, to enioy as his owne for
the paym* of the s** Debt. As wittnes my hand Septemb*^ 20*** 1659.
Testes L Barber John Dauis. Walter Hail.
Re Jarboe's This Day came John Jarbo, & acknowledgeth to haue gyuen &
^ doth hereby giue unto Yowng Henry flFox One Red Cow named
Mall, & a Red yeareling Heifer (marked ouerkeeld on both eares &
the tip of the right eare cutt of.) w*** all their whole encrease both
male & flFemale, towards the meintenance of the s^ Child, & to ad-
uance him a portion. Wittnes my hand this 20*** Day of Septemb'
1659 John Jarbo
Cora" me Will" Bretton.
Septembf 3d Will" Hewes dds summons agst Cap* Will" Stone.
Hewes v. o i-
Stone Simmions to the SheriflFe of Charles County, to answere &c : Ret
next Prouinciall Court 4** Octob*" next
Siunmons to ide" SheriflFe for Mathew Stone to testify in dit. 500*
Tob&c:
Re Knap Exequuon issued to the SheriflFe of Caluert County to Leauy 50^
Vid. f oL 243 JqJj ^^ . ^^ JqJjj^ Knap, according to Order 22*^ Aprill 1659, f ol. 243.
^temMv. M"^ John Bateman demands War* agst Rob* Patrickson Will"
Ennis, Alexander Watts, John Bagbey, & Will" Mills in an accon
Trespasse.
War* to the SheriflFe of Caluert County, to Arrest &c : Ret Prouin-
ciall Court 4** Octob' next
Attorney War* to the SheriflFe of Caluert County for John Bagbey to an-
Bs^bor swere to what shall bee obiected agst him on the behalfe of the Lord
p. 294 Prop' Octob. ut Supra
Re Gilford This Bill bindeth mee Will" Gilford my heyres or assignes to pay
or cause to be payd unto Henry Potter his heyres or Assignes the
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Provincial Court Proceedings, 1659. 325
full & iust siunme of nine hund** pownds of good sownd merch"* Liber
Tob & cask att or uppon the Tenth day of Nouemb'' next ensuing the ^* ^- ^•
date hereof, And for the true p^formance hereof I haue hereunto
putt my hand this 2^ of flfebruary 1658 The mark of
Wittnes Marks Pheypo Thomas How. Will™ Gillford
This Bill bindeth mee Will" Gillford, my Admistrato" or As-
signes to pay unto Henry Potter, or his Assignes the full & iust
Summe of One Thowsand six hund^ pownds of good & merch"*
Tob & cask according to the Law now erected, for payments of Tob,
And to bee payd in Patux* Riuer att or uppon the tenth of Nouemb'
next. And for the true p^formance hereof, I the sayd Will" Gillford,
doe bind ouer my Plantaon, w*^^ now I liue uppon in Patux* Riuer, w***
all the howsings or edifices thereon erected & built. And I doe giue
the s** Potter full power to enter uppon the s^ Plantaon, w***out any
molestaon or hinderance of me Will" Gillford in case I doe not
pay the afores^ summe, by the time appoynted. As wittnes my
hand this 8*^ Decemb^ 1658. Will" SB Gillford
Wittn. Mich : Brooke John Knap. his marke.
Marks Pheypo demands warr* agst Philip Land in an accdn of Septgb^r 26
Debt to the ualew of Three hund^ pownds of Tob. £J^ ''•
Writt to the SheriflFe of S* Maries County to arrest &c : Ret next
Prouincial Court 4® Octob' next ut Sup'.
John Lewger These are to impowre yo" to make an Oake in Re Jarboe's
roome of the Ash, you haue mistaken for an Oake, Being the Bownd ^^^^
Tree to Land surueyed for John Jarbo, Prouided the Oake bee not
aboue Twenty paces from the Ash allready marked.
Septemb' 1659 Josias ffendall
Sheriff e of S* Maries Coimty Ret Writts (All Executed) Except Octobr 4th
Marks Pheypo X Phil : Land. ihcnffs
Sheriffe Caluert Ret. Writts All Executed. Returns
Sheriffe Anarundel County Ret. All Executed.
Att a Court held in Resurrection Manno' att M' John Batemans
howse, in Caluert Coimty Twesday 4** Octob*" 1659.
Pnt*
Josias ffendal Esq' Gou'l M' Thomas Gerard
Philip Caluert Esq' Sec' J M' Baker Brooke.
Vppon speciall & urgent occasion of the Coimcell The Court is
adiomed by the Gouerno' till tomorrow morning, & Ordered to be
held att M' George Reades howse in the same manno'.
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326 Provincial Court Proceedings, 1659.
Liber Wednesday 5** Octob*" att M*" George Reades howse.
ST. O. R.
Oct s Pnt*
Josias ffendel Esq*" Gou*"
Philip Caluert Esq*" Sec*"
Cap* Will" Stone
M^ Thorn: Gerard'
Co** Nathan : Vtye
M^ Baker Brooke
M^ Ed: Lloyd.
To the hon"* the Leiut* of Maryland &c :
V. The humble Pef* of Rich : Collett Attorney of Co** Nathaniel Vtye
Sheweth That whereas Cornelius Abramson did transport out of
Virginia into this Prouince one Daniel Browne indebted to Thomas
Poole in Virginia, who obteyned Order there agst the s** Abramson
for the Debt, in Case he returned not the s^ Dan : Browne downe
againe. And whereas the s** Cornelius being ready to carry downe
the s^ Browne, Robert Kingsbury undertooke before M' Preston to
satisfy th* Debt of Brownes to what euer it amounted unto. And
whereas since againe M*" Peter Sharpe undertooke to pay that
^ Debt, w** amounteth to serf Tob. w*** Costs of suite (as by the Copey
of the Order from Virginia appeareth) And whereas That order was
assigned ouer in Court to Cap* Lawrence Wa[shington] Deceased,
now belongeth to Co** Nathaniel Vtye, who [married] the Relict of
the s^ Cap* Ward, now the s** M' Sharpe not hauing satisfyed that
Debt according to his undertaking & promise to M' Vtye whose
Attorney yo' Pef is. He humbly therefore Craueth an Order of this
Court agst the s^ Sharpe for the s^ Debt, according to the Order of
Court had in Virginia w*** Costs thereunto belonging & hee shall eu*"
pray &c :
To the Pet" of the plf , the Deft sayth, th* hee hath allready satis-
fyed th* Debt, by paying unto the Pef one hogshead of Tob. The
plf replyeth th* he receiued one hogshead of Tob, yett after he had
receiued it the deft would not suffer him to carry it away
The Depos"* of Samuel Leister swome & examined this 15*** of
Septemb' 1659.
That about two yeares since this Depon* went w*** M' Richard
Collett to receiue a hogshead of Tob from M*" Peter Sharpe & after
the s^ M*" Collett had marked the s** hogshead. That M*" Sharpe did
declare th* the s** hogshead should not goe uppon that account &
further this Depon* sayth not
Jurat Cora" Henry Coursey.
The Deft replyeth. That that hogshead of Tob, w^ the pif marked
is still lying in his howse, w^** he hath euer since looked unto as his
owne.
Both parties agreeing betwixt themselues
The Deft assumed to pay unto the pJf One hogshead of Tob, &
satisfy ouer & aboue all Charges of Court.
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Provincial Court Proceedings, 1659. 327
To the hon"* the Gou"^ & Councell &c: Liber
P C R.
The humble Pet" of Daniel Clocker Sheweth That whereas M*" docker v.
Job Chandeler promised unto the Wife of yo^ Pet' full & Consid- Chandler
erable satisfaction for the bringing M*" Ouerzees Wife to Bed, in her
lying in, & for yo' Pet" Wifes Charges & paynes in tending the s** M"
Ouerzees Child : As allso satisfaction for the s^ M" Ouerzees Coffin :
yo' Pef^ humbly craueth Order for satisfaction, & shall eu*^ pray.
Know all men by these p*nts that I Job Chandler of Charles
County in the prouince of Maryland, doe constitute & ordaine my
Welbeloued Brother Symon Ouerzee of S* Maries County in the
prouince aboues** Merch*, to bee my true & lawfull Attorney in a
suite depending att the next prouinciall Court, betweene me the
aboues** Chandler & Daniel Clocker & what my s** Attorney shall doe
in the premisses I will allow, & [rati]fy, & confirme, as if I my selfe
were personally present as [witt]nes my hand this 20*^ of Septemb""
1659 J^'^ Chandler
The plfs Pet" being read, the Deft sa3rth th* hee hath allready p. 297
satisfy^! the plf, w^ the pif denyeth.
Whereuppon the deft Craues for a Jury, to Consider whither ac-
cording to the plfs Pet" he appeare satisfyed or noe.
war* to the SheriflFe to empanel a Jury f orthw*.
SheriflFe Ret. & warned
fforema"
M' Thomas Turner Richard Games Timothy Goodrick
M*" Walter Hall Stephen Benson Will*" Innis
M' Thomas Ringould Alexander Watts M"^ Rich : CoUett
Lef * John Bouge Will™ mills John Troster.
Jury all agreeing Retumes their Verdict ioyntly by their fforeman, Vid. Order
in writing on the backside of the plfs Pet", (Viz) ^^^ ^06
Wee find th* the plf is yett unsatisfyed.
Whereas John Washington of Westmerland County in Virginia Washington
hath made Complaynt agst Edward Prescott merch*, Accusing the s** ^' ^^^^^
Prescott of ffelony unto the Gouemo' of this Prouince, AUeaging
how that hee the s^ Prescott hanged a Witch in his ship, as hee was
outwards bownd from England hither the last yeare. Vppon w**
Complaynt of the s^ Washington, the Gou' caused the s** Edward
Prescott to bee arrested; Taking Bond for his appearance att this
Prouinciall Court of 400orf Tob, Gyuing moreouer notice to the s^
Washington by letter of his proceedings therein, (a Copie of w**
Ire, w*** the s** Washingtons answere thereto are as foUoweth).
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328 Provincial Court Proceedings, 1659.
liber M' Washington
P CR.
Vppon yo' Complaynt to mee th* M' Prescott did in his uoyage
from England hither cause a Woman to bee Executed for a Witch, I
haue caused him to bee apprehended uppon suspition of jBFelony, &
doe intend to bind him ouer to the Prouincial Court to answere it.
Where I doe allso exspect yo'' to bee, to make good yo*" Charge.
Hee will bee called uppon his Tryall the 4*** or 5*** of Octob' next,
att the Court to bee held then att Patux*, neare M" iBFenwicks howse.
Where I suppose yo'' will not f ayle to bee. Wittnesses Examined in
Virginia will bee of noe ualew here in this Case, for they must bee
face to face w*** the party accused, or they stand for nothing. I
thought good to acquaynt yo" w*** this, that yo" may not come tm-
prouided. This att present S"" is all from
Yo' ffreind
29*** Septemb"^ Josias iBFendall.
p. 298 Hon"« S'
Yo" of this 29th instant this day I receaued. I am sorry th* my
extraordinary occasions will not permitt mee to bee att the next
Prouinciall Court, to bee held in Maryland the 4*^ of this next
month. Because then god willing I intend to gett my yowng sonne
baptized, All the Company & Gossips being allready inuited. Besides
in this short time Wittnesses cannott be gott to come ouer. But if M'
Prescott be bownd to answere it the next Prouinciall Court after this,
I shall doe what lyeth in my power to gett them ouer, S*" I shall
desyre yo" for to acquaynt mee whither M*" Prescott be bound ouer to
the next Court, & when the Court is that I may haue some time for
to prouide euidence & soe I rest yo*" ffreind & Seru*
30* of Septemb' 1659. John Washington.
To w^ Complaynt of John Washington the s^ Edward Prescott
(submitting himselfe to his tryall) denyeth not, but that there was
One Elizabeth Richardson hanged in his ship, as hee was outward
Bownd the last yeare from England, & comming for this prouince,
neare unto the Westeme Islands, by his Master & Company, (Hee
hauing appoynted one John Greene for th* Voyage Master, though
himselfe was both merch* & owner of the ship) But further sayth,
That he w^^'stood the proceedings of his s^ Master and Company, &
protested agst them in that busines. And that thereuppon both the
Master & Company were ready to mutiny. And it appearing to the
Court by the Printed Custome howse Discharge & Light-howse Bills
or acquittances produced & shewen by the s** Edw : Prescott taken or
gyuen in John Greenes name; that the s^ Greene was master for th*
Voyage, & not Edward Prescott. And noe One comming to pro-
sequute, The s^ Prescott therefore prays that hee may bee acquitted.
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Provincial Court Proceedings, 1659. 329
Whereuppon (standing uppon his Justificaon) Proclamaon was Liber
made by the SheriflFe in these uery words. ^' ^' ^*
O yes &c :
Edward Prescott Prisoner at the Bar uppon suspition of ffelony
stand uppon his acquittall. If any person can giue euidence against
him, lett him come in, for the Prisoner otherwise will bee acquitt
And noe on[e app] earing. The Prisoner is acquitted by the Board.
To the hon"* the Gouemo*" & Councell &c :
The humble Pet" of John Bateman, humbly sheweth That whereas p. 299
yo' Pet' hath to his great cost & Charge purchased of Cap* Tho: ^^"gj^n*
Comewjjeys Esq' the Manno' of the Resurrection in Patux* Riuer, ct al.
yo' Pet' hath fownd to his great dammage seuerall persons (namely
Rob* Patrickson, Will"* Ennis, Alexander Watts, John Bagby, &
Will" Mills) That haue seated, spoyled, & wome out part of the s^
Land, belonging to the s** Manno'.
Yo' Pef humbly Craueth Judgm* agst the s^ parties for his dam-
mage, & hee shall euer pray &c :
This cause being intricate, by reason the surueyo' is not present in
Court, who can giue the only light in this difference, concerning the
Bownds. And it being allso alleaged by M' Rich: Preston (inter-
rested in the Cause who surveyed that Land now claymed by the
plf, as belonging to his manno') That M' Henry Coursey ended (as
hee supposed) the difference concerning Cap* Comewaley's Bownds
of that his Land.
It is therefore Ordered th* this Busines be respited till the next Vid. fol. 328
Prouincial Court. And th* M' Robert Qearke, who surueyed the * ^®^- ^^
Land & M' Henry Coursey allso, who ended the former difference
(as is alleaged) be summoned to the s^ Court, to declare their inten-
tion concerning the Bownds mentioned in the plf s Graunt or Patent
Whereas Anne Barbery being accused att the County Court in Attorney
Caluert County for hauing a Bastard, & the Child being dead (yett b^^^'
exposed & fownd in a Tob. howse though then lyuing) uppon suspi-
tion of ffelony : The Commis" of th* County Court haue sent up this
Cause to this Prouincial Court to be further heard & Determined.
Anne Barbery aged 36 yeares, or thereabouts Examined Sayth,
That shee did deny th* shee was w*** Child, being taxed by seuerall •
persons, alleging th* it was nothing but the spleene shee was troubled
w***. And that shee was taken on a suddaine, & could not send for
woemen. The reason why shee did not acquaynt any w*** it, when
shee was deliuered was. Because shee intended when god made her
able, to carry it to the ffather Joseph Edlow, for it was his ... . the
reason why concealed it & hid it from the men in the howse for
th* shee thought they would bee uery angry w*^ her. That allthough p. 300
shee layd it in the Tob howse, yett shee went to it uery often &
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330 Provincial Court Proceedings, 1659.
Liber gaue it the best things shee had to comfort it, & brought it into the
P.CR. howse, when the men yftre att worke: & washed it, & dressed it
againe, And allthough shee layd it in the Tob howse, shee lett it want
for noe tendance, for shee had noe euill intentions towards it : but
thought to conceale it till shee were a little stronger : flfor shee thought
w*^in 3 or 4 dayes shee should be able to carry it to the flFather, And th*
was the only reason shee concealed it, & noe other
Taken before mee the 28*** day of June 1659. Hugh Stanley.
Thomas Cobham swome in open Court Sayth, That on the 4*
day of June (as hee supposeth) att night. Lighting his Pipe of Tob :
& walking up & downe the yard, hee heard a Child Cry, supposing th*
there had bene Indians in the Tob howse, And went to Bed thinking
nothing. Butt in the morning (the Cry running still in his mind) hee
went into the Tob howse ; & in a Tob. hogshead th* had a few husks
about it, hee found a yowng Child, & brought it to the woman Anne
Barbery, & asked her, whither that Child was hers or noe? & who
was the flFather thereof? Shee answered That it was hers, & th*
Joseph Edlow was the flfather of it. Soe deliuering the Child to her,
hee willed her to haue a Care of it, whilst hee & his Mate Thomas
Nobs, went to the next Neighbo" howse to help in w*** a Tob howse
frame. And in the way discoursing about the busines, they thought
best not to leaue the woman alone. Whereuppon hee this Depon*
went forwards, & Thomas Nobs returned home to the woman. And
the frame of the howse being gott in, hee this Depon* came home, &
the woman told him, th* the Child was dead. And being then night,
the next morning hee went & declared the whole Busines to M""
Stanley hee being next Commis^
Anne Howse swome sayth, That about 24 howres after the Child
was departed (by the Relaon of the poeple in the howse) shee being
brought thither, Saw uppon the Belly of the Child a Blew spott, about
the bignes of her Two hands : & the edges of the lipps of the Child
were black : the Nable string was tmtyde, Butt saw not one drop of
Blood about it, flFurther Sayth not.
Joane Wad .... sayth the uery same. And further addeth, That
shee asked .... her of Child, w*^ what shee tyed the Nable-string?
p. 301 & shee replyed w*** a thread. But this Depon* saw noe such thread
wherew*^ it was tyed. And the mother, told this Depon* that another
woman named Susan Barbery, had cutt of a peice of the Nable string
because it was to long.
Anne Biggs Jurat idem uerbatim quod Anne Howse ut Supra.
Thomas Nobs Sayth, That hee first saw the Child, when his Mate
brought it to the woman, That the woman uppon demand, acknow-
ledged it to bee her Child, & begotten on her by Joseph Edlow, That
his Mate & hee goeing to the next Neighbo" howse according to
promise, uppon the way thither, it was resolued by them th* hee this
Depon* should retume to the woman, & not leaue her alone in the
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Provincial Court Proceedings, 1659. 331
howse in that Condicon & th* his mate should goe forward & Liber
acquaynt the next neighbo", w*** it. And Comming back hee f ownd ^* ^* ^
the Woman suckling the Child, & after that, imdressed it, & washed
it. And the Nable string being to long, shee cutt a peice of it of,
saying it was soe hard, shee could not boulster it up. And after
soe dressing it, shee layd her selfe uppon the Bed, in the next roome
w*^ it, & goeing now & then from his other employm** to her, hee
asked her how shee did ? Shee sayd the Child was weake, & thought
it would not Hue. And a while after shee called this Depon*, & told
him, that the Child was dead. And hee putt his finger to the lipps of
the Child, & could not perceaue it breath.
Susan Barbery Sayth, That shee saw a Black place uppon the
Belly of the Child, as bigge as one of her hands. And that shee
cutt the Nable string because it was to long. That a fortnight afore
discoursing w**" Anne Barbery about her being w*** Child ; The sayd
Anne sayd. That neyther shee, nor any other woman should see any
Child of hers, ffurther sayth not.
And the sayd Anne Barbery acknowledging in open Court, that the
Child was a Bastard borne. It is Ordered That the s** Anne Barbery
bee forthw*** whipped, uppon the bare back & to haue thirty Lashes
gyuen her.
Writt to the SheriflFe ad Exeqd", according to Order supradict.
Was called afore the Bo^rd M' Richard Preston, William AUenby, Attorney
Henry Osborne, Will" B[erry] & John Day, & accused for enter- p^*^^^ li
teyning & harbouring [Thomas] Thurston contrary to an Order of al.
the Councell, Published on the 23^ day of July last, & another Order ^jdc 3^d.
likewise Published on the 3^ day of August following. And it being 364
certifyed & proued th* noe one of the s** persons was ignorant, but ^i^f^i^ 330
had notice of, & knew the fores'* Order of the Councell, & th* other & fol. 290
Order as afores**, & of the Penalty therein conteyned. It is therefore
Ordered That Euery one of the fors** persons respectiuely pay &
satisfy to the L^ Proprietary of this Prouince ffiue hund^ pownds of
Tob, according to that latter Order published as aforesa/*.
The Court adiomed by the Gouemo*" till to morrow morning att
90 Clock
Mathew Stone Examined Sayth uppon Oath, That about 5 or 6 Hcwes v.
yeares agoe (as hee supposeth) being w*** Cap* Robert Vaughan, in ^*®"*
his Brother Stones Hall, att S* Maries. His s** Brother came in,
being moued & in passion w^ William Hewes, spoake to him, &
asked him, why hee went not to grynd att the Mill ? And William
Hewes asked him againe, who should pay him for his paynes or
labour? And his s** Brother bad the s^ Will™ Hewes goe on w*** his
labour about the Mill, & hee would see him payd therefore, & further
Sayth not.
Jurat Cora" me Will" Bretton.
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332 Provincial Court Proceedings, 1659.
Liber Thursday 6**^ Octob' 1659.
p. C K« __ ^
Oct 6 Pnt«
M'Tho: Gerard
D' Luke Barber
M"^ Baker Brooke
Co* Nath : Vtye
M' Edw: Lloyd
Josias ffendall Esq' Gou^'
Philip Caluert Esq*" Seer
Cap* Will™ Stone
Re Samford John Sinkler on the behalfe of William Samford Sayth uppon
Oath in open Court, That the s^ Samford came into Virginia a
Seruant, & was bownd to serue Co* Thomas Swan (by reason
hee was yowng) Seauen yeares, according to the Custome of the
Coimtry. That hee came into the Country about Christmas. And
th* hee hath beene nine yeares allready in this Prouince & in Vir-
ginia. flFurther sayth not.
Grwnwells' Know all men by these p*nts That I Walter Hall of the Prouince
Haju of Maryland .... indebted to John Greenewells Estate Eighteene
p. 303 hundred .... of Tob, w*** Cask, ffor the paym* of w**, I the sayd
Walter Hall doe bind ouer all my stock of Cattle & hogges for the
paym* of the same. As wittnes my hand Septemb*" the 26*** 1659
Walter Hall.
Tested by John i Walton his mrk Mary X Jackson her mrk.
Will"* Euans deposeth & Sayth That this Clayme of his on the
behalfe of John Greenwell Deceased, is a Reall Debt. Hee (being
Ouerseer or flFeoffee in trust) hauing sold a Mayd seruant to Walter
Hall for th* same somme of Tob, w** seru* belonged to the s^
Greenewell.
And thereuppon Walter Hall acknowledgeth this Bill or Conuey-
ance in open Court.
Gillford V To the hon"« the Gou' & Councell &c :
Comrs. of
Calvert Co. The humble Pet" of Mary Gillford Widdow most humbly sheweth
That where as att the last Prouinciall Court held in this County, on
the 21*** of Aprill, yo*" bono" were pleased to putt a sick Boy to bee
kept att yo' Pet" howse. W** Boy tarryed there untill the banning
of July following. And then went from mee (blessed be god) in
health, yo*" Pef taking great care of him during the time hee was att
her howse, th* hee should want for nothing th* was requisite & fitting,
& could prouide for him. Insomuch th* hee rotted two blanketts & a
Bolster of yo"^ Pet^.
In Consideraon of w^"*, & for his time of being att yo*" Pet" howse
& for her Care in looking to, & tending him, shee humbly beseecheth
yo"^ bono" to Consider, & grant her an Order to be payd in this
Country & shee shall euer pray &c :
Ordered th* this Pet"^ bee sent downe to the County Court in
Caluert County, And that the Commis" of that County, see that the
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Provincial Court Proceedings, 1659. 333
Pet' haue satisfaction made her out of th* County, according to her Liber
Pet" ^•^^•
John Butteris (p*" Attomat Walter Gwest) brought into the Court Buttcris v.
his Account for worke, w** hee did for Cap* Will™ Lewis in his life Estate*
time amounting to Two thousand, six hund*^ fifty six pownds of Tob.
It is Ordered th* the s^ Butteris proue his s** Account in the next
County Court in Charles County, (where hee is resident) or att the
next Court after, & send the same downe in the Secretary's Office,
who in the meane time will take notice of ... . and ; And th* soe
much of the s** Lewis Estate be stoppt to Butteris, uppon proofe
made as was ....
Called afore the Board Henry Woolchurch and taxed for har- Attorney
bouring Thomas Thurston contrary to an Order of the Councell wooldiurch
published 23*** of July last ; & another Order likewise published the 3^ p. 3<H
of August following.
The deft denyeth th* he did harbour the s** Thurston, since the Vid. foL 280
publishing of those Orders. * ^^^ ^^
And it not clearely appearing to the Court, th* the deft did enter- Vide 3 Md.
taine the s^ Thurston as afores^. It is therefore Ordered th* this time ^^ ^""- .
he bee acquitted. And th* if att any time hereafter hee shall harbour
or entertaine the s^ Thurston, hee bee fyned fiue hund** pownds of
Tob, to the L** Prop*" both for this time, & fiue hund** pownds of Tob
more, for that time allso, hee shall soe harbour or entertayne him the
s** Thomas Thurston, as afores^.
Was called also afore the Board John Halliday, & Charged, for th* Attorney
being commanded by the SheriflFe to ayde & assist him, in apprehend- HolMay^
ing of Thomas Thurston, hee absolutely refused & denyed soe to doe.
And it prouing a Contempt in the s^ Holliday by the Judgm* of the
whole Board. It is ordered That hee the s** Holliday (hee hauing
beene once afore whipt att Anarundel for the same fault) bee fyned
fyue hund^ pownds of Tob. to the Lord Prop' of this Prouince.
Was called afore the Board John Hall, & charged for not Execut- Attorney
ing his Office of Cunstable, wherto hee was swome : but in contempt ^f*^ ^*
of the GouermS released Thomas Thurston, then a Prisoner, & com-
mitted to his Charge to secure. It is ordered, (by reason the s** John
Hall was a publike officer, & his Offence great. Though hee pleaded
ignorance in the flfact) bee fyned One Thowsand pownds of Tob
to the L^ Prop*" for his s^ contempt.
The Gouemo' (att the instance of M' Edward Lloyd interceding &
knowing the Condicon of the man, who informed ; th* this fact was
not done by him out of any Malice) doth remitt one halfe of the s^
jBFyne of One Thowsand pownds of Tob.
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334 Provincial Court Proceedings, 1659.
Liber Was called afore the Board John Bagby & Charged for th* hee
Attoninr ^^^ ^^ Bagby being commanded by lawfull authority to make search
General v. for Thomas Thurston, as Cunstable, he refused soe to doe, as com-
Bagby mended, saying allso That, if hee were Cunstable, hee would doe noe
such thing.
The s^ John Bagby sayth that hee supposed himselfe free from the
Office of Cunstable .... hauing supplyed th* Office one whole yeare,
p. 305 & th* the Commis" .... Court had nominated Ismael Wright
Cunstable to succeed him in that office, though the s^ Ismael Wright
was not swome, or had taken the Oath of a Cunstable, And th* had
hee understood himselfe still in th* office, he should euer, & will obey
all lawfull authority whatsoeu^
Vppon w** the s^ John Bagby is dismissed.
^S^ ""' To the hon"« the Gou' & Councell &c :
Williams
The humble Pet" of Symon Ouerzee Sheweth, Whereas John Wil-
liams stands indebted to yo' Pef the summe of Three thowsand one
hund^ & Twenty pownds of Tob & Cask as by his account appeares,
W** Tob the s** Williams refuseth to pay.
The premises considered yo*" Pef humbly Craues for p*nt paym*
of the s^ summe of Tob w*** dammages & Costs of suite & he shall
pray &c :
The deft sayth that hee oweth the plf Two Thowsand six hund** &
Twenty pownds of Tob w*** Cask, Three barrells & ffowre bushells of
Come, ffor all w^^ hee acknowledgeth Judgm* to the plf in open
Court.
As to the defts Bill of 500* Tob passed to the plf for Richard
Abrahall, w** the pif cannot find att present. It is Ordered th* the pif
bee left to recouer the same, wheneuer hee shall produce the s^ Bill.
Chew V. These p*nts wittnes th* I George Peake of the Clifts in Caluert
County Gent" doe constitute & ordaine my louing flFreind Cap* Samp-
son Waring my lawfull Attorney to defend a suite in Law com-
menced agst mee the s** Peake by Samuel Chew, And in Case th* hee
the s** Waring shall see cause, I doe hereby impowre my s** Attorney
to constitute another Attorney or Attorneys under him. And what
hee or they shall doe in the premises, I doe hereby ratify & confirme,
as wittnes my hand this 3^ of Octob"^ 1659 George Peake.
In p*nce of Thomas Elwes George M Blacketor his marke.
To the hon"* the Gouemo"^ & Councell &c :
The humble Pet" of Samuel Chew Sheweth That whereas John
Par, the Orphane of Rob* Par deceased, hath bene kept & wronged
by George Peake, soe th* the Child hath runne away seuerall times, &
is lately come Pet" howse for Releife.
Peake
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Provincial Court Proceedings, 1659. 335
Hee therefore in the be [half e of] the s** Orphan doth desyre th* Liber
Order may be granted, Th w*** his Estate w** is iustly dew to him ^ • ^^
may bee putt into yo' Pet" hands. W*^ is allso the desyre of the
Child, yo*" Pet' being next to kinne to him in these parts, &c :
To w*"** Pet" of the plf, the deft (by his Attorney Cap* Sampson
Waring) denyeth what is alleaged in the s^ Pet**, as first, th* he
wrongeth the s^ Orphan, secondly th* hee is of noe kinne to the s^
Orphan.
Whereas John Par the Orphan of Rob* Par Deceased was putt
into the posses" & tuition of the deft by Order of Court. And it
appearing by the testimony of diuers Neighbours now actually pres-
ent in Court, that the deft treateth the Orphan louingly & well. It is
therefore Ordered th* the deft reteine, & keepe still the sayd Orphan,
and his Estate.
To the hon"* the Gouemo"^ & Councell
The humble Pet" of Samuel Chew Sheweth, That whereas yo' Pet' chcw v.
hath payd 1206* of Tob & Cask to ffrancis Billingsley for his part of P«*^«
Building Two howses uppon Plum-Poynt where George Peake now
dwelleth, & maketh use of the s** howses & did once promise paym*
of the s^ 1200* Tob. But neuer denyeth me satisfaction for my Tob
soe disbursed for him
Therefore yo' Pef desyreth an Order for the s** Tob. it being his
iust due.
The plf not making appeare what hee alleageth agst the deft in
his Pet", The Defts Attorney Craueth an nonsuite agst the plf , W*^**
was graunted him by the Court, w**" Costs of Suite.
To the R* Hon"« the Gou' & Councell.
The humble Pet" of Daniel Clocker Sheweth, That whereas the Qocker v.
Jury (in the Case depending betweene yo' Pet', & M' Symon Ouer- 9^^^^
zee the Attorney of M' Job Chandler) hath fownd yo' Pet' yett Oycrzcc)
unsatisfyed. Yo' Pet' demandeth satisfaction to the ualew of fine vlrdirt I0I.
himd** pownds of Tob & Cask, flFor yo' Pet** Wifes Attendance, 297
being in the busiest time of her Dayry. And one hund** pownds of
Tob for the Coffin, according to the usuall rate of the Prouince w***
Costs of suite And yo' Pet' as in duty bownd shall pray.
Vppon the plfs Pet" for 606* Tob. It is Ordered th* the deft pay
tmto the plf. One hogshead of Tob. weighing neate Three hund^
pownds, ouer & aboue Costs of suite.
To the R* hon"« the Gouemo' & Councell
The [humble] Pet" of Thomas Mitchell Sheweth, That wher[eas MjtchcU v.
there] is a former Order of this wor** Board, for the Attatchm* of Mitchcirs
1006* Tob, yo' Pet' is indebted to the Estate of Cap* Will" Mitchell Vid^fol. 204
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336 Provincial Court Proceedings, 1659.
Liber Deceased, W^ was to be payd uppon the deliuery of an Indenture of
P- ^Jb yo*^ Pet" Sonne ( w** the s** Cap* Mitchell had for his security) as by a
^' noate yo' Pet' hath from under his owne hand, appeares, Now Cap*
Comewaleys hauing procured an Order for the attatching this Tob,
Yo"^ Pet*" humbly therefore beseecheth yo' wor^* to Order That hee
may haue the s^ Indenture (according to Couen*) deliuered, & the
Tob shall be ready, Or ells th* yo' wor^* will please to reuerse the
former Order for Attatching the Tob. & yo' Pef shall as in duty
bownd pray &c :
Ordered uppon the fores^ Pet", That Cap* Thomas Comewalleys
or his Attorney, uppon the paym* of One Thowsand pownds of Tob
Vid. fol ao4 (for w** formerly hee obteyned Judgm*) giue the Pef security for
"^^ deliuering him an Indenture of the sonne of the s** Pet', w*^^ was
bownd ouer to Cap* Will" Mitchel for the s^ Mitchels security of
paying one thowsand pownds of Tob, as the Pet' hath declared in his
fores^ Pet".
To the hon"* the Leuiten* Grail & Councell of Maryland &c :
Sa<«^. V. The humble Pet" of Giles Sadler undersheriflFe Sheweth That yo'
Pet' had an Attatchm* to serue to the ualew of 6orf Tob for Walter
Senswerfe uppon the Estate of Alexander fforgesson & yo' Pef
returned the s^ Attatchm* att a Court held the 10*** of May last, Att
w** Court there passed an Order, th* yo' Pet' should haue the goods
attatched, appraysed by two honest men, & deliuered unto the s**
Senswerfe, W^^ yo' Pet' did according to Order. And the goods
attatched were appraysed to the ualew of 550* of Tob, & deliuered
unto Rich: Smith the Attorney of the s^ Senswerfe, And the s**
Rich : Smith ref useth to pay the flf ees therefore, allthough due by
Act of Assembly, ffor w** yo' Pet' humbly Craueth the Judgm* of
this hon"* Court, Whither, or noe hee shall haue his ffees allowed by
Act of Assembly ? & Allso why an Order shall cutt of the ffees of an
Exequuon ? And allso what shall bee allowed to the Appraysers in
the hund**? I hope the paynes of an Officer will bee Considered by
yo' bono'*, & hee shall &c pray &c :
Vppon the Pet" of the aboues^ Giles Sadler It is adiudged That hee
being Vndersheriffe Rightly Layd Attatchm* & Leuyed Exequuon, &
Ordered that hee haue his ffee payd him therefore, by the s** Sens-
werfe, or his Attorney imploying him ; as is .... in th* Case by Act
of Assembly.
108 This Cause following was sent up from the Gierke of the Court in
Parte- v! Caluert County, there held 12*** of July 1659, as foUoweth.
MitdJeS ^^^ Compl sueth the Deft in an accon of ffelony, for stealing away
Grace Molden, his Daughter in Law, who is imder age The deft
denies th* hee stole her. The s** Grace confesseth in Court that shee
did goe willingly w*** him. att the earnest request of the plf, & uppon
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Provincial Court Proceedings, 1659. 337
the Oathes of James Shacklady & Thomas Hobson, It is Ordered Liber
by the Court th* the deft remaine in the Custody of the Sheriffe untill ^- ^* ^
hee giue in good Security to appeare att the next Prouinciall Court
there to answere unto a penall Statute prouided in th* behalfe agst the
taking away of Orphans from their Guardians.
James Shacklady aged 21 yeares or thereabouts swome & exam-
ined the 1 1*^ of July 1659, Sayth, That hee did take a Desk of Henry
Mitchell in the Portch, w^ hee did giue him, & carryed the same
Desk downe to the Landing, att the time when they went away. That
Henry Mitchell did take Grace Molden by the hand, & lead her downe
to the Landing, & putt her into the Boate. And further the s** Depon*
Sayth That uppon ffriday att night the first of July, Henry Mitchell
would then haue carryed Grace away & shee would not, & further
Sa)rth not.
Jurat Cora" Sampson Waring.
Thomas Hobson aged 26 yeares, swome & Examined Eod. die. ut
Supra Sayth, That hee did not know any thing of the busines be-
tweene Henry Mitchell & Grace Molden, But sitting in the Porch w***
the s** Grace, & Anne Napken, in the meane time Henry Mitchell &
John Barramore did come to them. And when they went away hee
this Depon* went downe to the Landing w*^ them. And att the Land-
ing Henry Mitchell did take Grace Molden in his armes & putt her
into the Boate, & further sayth not.
Jurat Cora Sampson Waring.
Anne Napken aged 25 yeares or thereabouts, swome & Examined
Eod die. Sayth, That shee went downe to the Landing w*^ Henry
Mitchel & Grace Molden, That shee did know before, there was loue
betweene them. But Henry Mitchell allwayes told this DeponS that
hee would not marry Grace Molden, untill such time as her mother
did come into the Coimtry, That the s** Grace was resolued to marry
w*** the s** Henry whither shee had her ffathers good will in it, yea
or noe. That shee this Depon* carryed her Box for her out of the
Buttery into the Porch, That Henry Mitchell did speake to John
Barramore to take the Box w^ him downe to the Landing & to the
best of her knowledge the s** Barramore did take the same box downe
to That Henry Mitchell did take Grace Molden downe
from the .... & putt her into the Boate : & caused her Cloathes to be
carryed [to the] Landing w*** them, & further sayth not.
Jurat
George Jaques aged 37 yeares or thereabouts swome & Examined p. 309
Eod. die Sayth, That uppon the first of July 9 or 10 a clock att night
Henry Mitchel informed this DeponS that there was loue betweene
Grace Molden & him the s** Henry. That hee did tell this Depon* th*
22
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338 Provincial Court Proceedings, 1659.
Liber hee heard, that the Seruants in the howse were agst it, whereuppon
P. C. R. ^j^jg Depon* councelled him, not to take her away priuately, in not ac-
quaynted his master w*** it ; But first acquaint his s** master, & hauing
his good will, hee did not know any of the seruants would bee agst it
Vppon th* the s** Henry did take him this Depon* by the hand, promis-
ing him That as hee hoped to bee saued hee would not take her away,
w*** out first acquaynting this Depon** master w*** it, & had his good
will in it. And when the s** Henry Mitchel did take away the s**
Grace Molden, or att what time of the night ; or how her apparell, &
lynnen ; her Box & her desk ; and other things shee tooke w*^ her
were conueyed out of the howse this Depon* knew not of. And
further Sayth not.
Jurat Cora" Sampson Waring
Will" Ireland aged 25 yeares or thereabouts swome & Examined
Eod. die Sayth, That hee did know there was loue betweene Henry
Mitchell & Grace Molden, That he this Depon* did speake to the s**
Grace of it. But shee denyed it. That Henry Mitchell acquainted him
w*** it, & told him th* hee heard the Seruants of the howse were
agst it. And this Depon* desyred the s** Henry to tell him, w^
Seruants those were : But the s** Henry refused to tell him, & further
sajrth not.
Jurat Cora" Sampson Waring.
Was called afore the Board Grace the now Wife of Henry Mitchel
& Examined. And the s** Grace confidently declared, th* Henry
Mitchel did not Steale her away (as the Court is informed) But
rather more willingly shee went away w*^ him ; then hee did w*^ her :
for that shee was before th* time resolued to marry him, bearing loue
& affection to him. And it not appearing by any of the Depos"*
shcwen in Court, that the Deft did steale away his now Wife (Grace
Molden) And the pif not able to make further proof e thereof, The
Dgft craucs an nonsuite w*^** was graunted him.
The Court adiorned by the Gouemo*^ till to morrow att after-
noonc.
To the hon^** the Gouemo^ & Councell &c :
The humble Pet" of Anne Hammond Sheweth, Whereas yo' Pef
did att the last Prouinciall Court held for this Prouince Recouer an
Order for Attatchm* agst a seruant of Jaruise Dodson. And whereas
it was then Ordered th* if the s** Dodson did not appeare att this
Court, That yo' Pct*^ should be possessed of the s^ Seruant
Yo' Pet' therefore humbly craueth Order for the s** Seruant, &
Satisfaction for his last yeares worke, &c:
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Provincial Court Proceedings, 1659. 339
ffriday f^ of Octob' 1659. Libcr
P.CR.
Pnt« Oct. 7
Josias ffendall Esq' Gk)u' Cap* Will" Stone
M'Tho: Gerard
D' Luke Barber
M' Baker Brooke
►Co** Nathan :Vtye
M' Edward Lloyd
Whereas att a Prouinciall Court held the 3** of March last, An Hammond
Attatchm* agst the Estate of Jaruise Dodson was then continued, to viP^tl^ia
the intent the sayd Dodson might haue notice thereof, & put in his Vid. fol! 233
answere to th* Qaime. And whereas likewise att the Court held the ^°^- ^
22*** of Aprill following. It was Ordered th* a Seru* of the s** Dodson,
then under Attatchm*, & in the Sheriffes Custody, should bee put into
the pif s hands or posses'*, & him to keepe till the last day of Nouember
following : To the intent likewise the s** Dodson might afore th*
prefixed time, appeare, & make proofe, whither the pif hath iniured
him in this her Clayme, or not? (as by both the s** Orders of Court
may more att large appeare) And whereas the s** Dodson hath not
made his appearance att eyther of the s** Courts by himselfe or his
Attorney ; nor made any Enquiry or iust Clayme after the s^ Seruant
since in Complyance w*** th* former Order Court on the 22*** of Aprill
as afores**.
It is therefore ordered That Cap* Nicholas Gwyther Sheriffe (in
whose Custody the Seru* now is) deliuer the s^ Seruant tmto the
plaintiffe.
The deft sayth, th* hee was not stimmoned, & therefore denyeth Willm
to make answere att this Court to this action. Ordered therefore th* ^S^wiii«
this Cause be respited till next Prouinciall Court. And th* the Gou' stonc
giue Commis"* to M*^ Edward Lloyd, or some other (as hee
thinke fitt) to admister Oath to Cap* Rob* Vaughan att .... to
examine uppon such Interrogatories, & the deft .... Charge w***.
Whereas Philip Morgan was requyred by the Sheriffe of Ana- Attorney
rundall to assist him, in apprehending Thomas Thurston, according ^«ral v.
to Order of the Cotmcell published on the 23*** of July last : w*^** com- p. 311
mand of the s** Sheriffe hee refused to obey; And was thereuppon Y^^ ^r^^
warned or stimmoned by the s^ Sheriffe to attend, & make his appear- 364
ance att the Prouinciall Court to bee holden att Ananmdel on the
3** of August following, W^ Command likewise the s*^ Morgan
disobeying, & in contempt (as is supposed) of the Gouerm* absented
himselfe, & appeared not uppon the sheriffs law full stmimons att th*
Court, as hee ought to haue done. And it appearing to the Board, a
Contempt, in the s^ Morgan in not obeying such lawfull authority.
It is therefore Ordered th* the s** Philip Morgan bee f yned, & pay to
the Lord Proprietary One Thowsand pownds of Tob & Cask.
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340 Provincial Court Proceedings, 1659.
Liber Know all men by these p*nts th* I Richard Hotchkeys Attorney
Coiwafe]^ for Cap* Thomas Comewaleys Esq*^ doe authorize my louing ff reind
V. Mttchelrs M' John Bateman to take any thing out of the Court tending to one
Admini. xhowsand pownds of Tob, w^ Cap* Will"* Mitchel oweth to the
fores** Cornewaleys wittnes my hand this present 5*^ of Octob' 1659
Rich : Hotchkeys
Vid. fol. 243 Whereas att a Court held in Caluert County on the 22*^ of Aprill,
The pif then sued for one Thowsand pownds of Tob, attatched in the
hands of John Bateman merch*, W^ Attatchm* was then continued,
(th* the Admistrato' houe notice gynen him thereof,) & the Cause
Vid. infri respited till next Prouinciall Court, And whereas att this Court
fol. 324 [^the] ptf s Attorney being sick & constituting the s** John Bateman
[his] Attorney, But not sending the pifs Specialty of Cap* Will"*
Mitchel .... by the Debt may appeare due, & iust. And the s* M'
Bateman req[uests] th* eyther the s^ Attatchm* be taken of or
Judgm* to proceed ther that he is Responsable to other Cred" to
th* Estate in Virginia.
It is Ordered (the s** Admistrato*^ neyther att this Court, .... mer,
holden as afores**, appeering by himselfe or Attorney) That ....
bee sent downe to the County Court in S* [Maries] County ; & th*
the pif [by him] self e or Attorney makes his ... . appeare due. And
.... passe therein.
p. 313 This Cause is sent up by the Qerke of the County Court of St
PilTc Maries County as foUoweth (Viz)
Att a Court held att New Towne 21*** June 1659
Pnt' D^ Luke BarberCap* Will"* Euans
M^ Will" Barton
M*" Tho : Mathewes
M"^ James Langworth
M' Rich .-Banks
This Cause being referred from the Prouinciall Court, a Jury is
impanelled, & ordered to try the Cause, who are as foUoweth (Viz)
Walter Pakes Tho : Philips Rich : Neuett Tho : Belcher
Will"* Boreman Rich : Bennett Patrick fforrest John Washington
Will"* Edwin John Walton Will"* Styles Tho : Carpender.
To the hon"* the Gou' & Councell of the Prouince of Maryland
The humble Pet" of Walter Hall Sheweth That whereas yo^ Pet'
hauing Two hogsheads of Tob. att M^ Pilles Tob. howse : & goeing
w**» Seamen thither to pay them the Tob, M" Pilles did f orwame the
Seamen they should not meddle w*** it, & would not lett them carry it
away, where now it hath layen this two yeares, to the great dammage
of yo** Pet'
Com".
0
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Provincial Court Proceedings, 1659. 34^
Wherefore yo' Pet*^ humbly desyres, That yo*^ hon" would grant Liber
him an Order for soe much Tob, w*** dammages & Costs of suite & ^- ^- ^
yo*^ Pet' shall euer pray &c :
Referred to the County Court Will" Bretton.
The Depos" of John Jarbo aged 40 yeares swome & examined
in Court Sayth, That M' Pille bad this Depon* tell M' Hall, th* hee
might dispose of the Tob. if hee would, & further Sayth not.
The Depos** of Rob* Sheale aged 30 yeares swome & examined
Sayth in Court, That tjiere were such hogsheads of Tob, att M*"
Pilles Tob. howse w^ went under the notion of M' Halles Tob, but
whither they were his he knoweth not.
Bridgett Shales aged 35 yeares or thereabouts swome & examined
the 20*^ of Aprill Sayth, That being att the howse of M"^ Pilles, when
the Seamen came to fetch M*^ Halles Tob. Shee heard M" Pille say,
shee would goe & stop .... Tob. for they should haue none of it.
Whereuppon (in her sight) .... Tob howse to them, where they
talked uery lowd & the Sea w***out it, & further sayth not.
Jurat rber.
The Depos^ of ffrancis Beckwith aged 18 yeares or thereabouts p. 313
swome & Examined, Sayth in Court, That being att John Greene-
wells before Easter three yeares agoe, as shee thinketh, The Seamen
came to receiue Tob, w*^** M" Pilles in her husbands name fore-
wamed them not to doe. But M' Hall made answere th* hee would
haue it, in spight of her husbands teeth, & hers to, & further Sayth
not.
M" Martha Lewger aged 30 yeares or thereabouts swome & exam-
ined this 18*** of Aprill Sayth, That the Boteswaine of M"* Wrights
ship by name Rob* Thompson, goeing to M"^ Pilles howse to receaue
M' Halls Tob. the s^ M" Pilles stopt it in the L** Protecto" name,
bidding him touch it att his perill, ffor shee would haue my L**
Protecto" war* for him, if hee did, or words to this purpose, &
further sayth not.
Jurat Cora, Luke Barber.
Walter Hall declareth in open Court, That the Plantaon was
ne)rther in M*^ Pilles, nor his posses'*, but John Greenewells, when his
Tob was stopped by M" Pilles.
The Juro" Verdict
Wee find for the pif , w*** Costs of Suite
The Court doth Order the deft to pay to the plf Two hogsheads
of Tob. weighing neate six hund^ pownds ; w*** Court Charges, ells
Execuon. A true Copie by me
Roger Isham Qer.
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342 Provincial Court Proceedings, 1659.
Liber Hitherto the Proceedings in the County Court.
^' ^ ^ In the Prouinciall Court as f oUoweth. Whereas M' John Pille
hath made complaynt to mee, That .... depending in S* Maries
County Court betweene him & Walt[er Hall] of New Towne, there
was contrary to Law & Custome a . . . . whereof Seuerall were
neyther Inhab** of th* County & doth therefore desyre That the
Judgm* gyuen .... ing noe law full Jury, may be arrested, & the
whole .... [be] fore the Prouincial Court.
These are therefore in the L** Prop" name to ... . [ar]rest the s^
JudgmS & to giue not [ice] to the ... . concerning this suite up to
the ... . Walter Hall, th* there .... taken in the Prouince ....
command yo** to sum[mon] .... [re]quyre yo**, for the answere
p. 314 the contr .... Court ensuing the date hereof returne this yo*^ writt.
Gyuen under my hand this 4*** of July A? 1659 To the Sheriffe or his
Deputy. Josias ffendall
To the hon"* the Gouemo' & Councell &c :
The humble Pet** of John Pille Sheweth, That whereas yo' Pet^
att the last Prouinciall Court held for this Prouince was arrested to
the s** Court by Walter Hall, Att w** time yo' Pet' being imployed as
a Juror, in the seruice of the Lord Proprietary, the s^ Walter Hall
procured a Reference out of this Court to the Coimty Court, un-
knowne to yo' Pet*^ & uppon tryall there gott a Judgm* agst yo' Pef
for 600* of Tob. uppon suspition of stoppage of two hogsheads of
Tob, by yo"^ Pet" Wife, W*^** supposed stoppage being alleaged by the
s** Walter Hall att the last Prouinciall Court to discount w^ yo*^ Pef
was adiudged noe stoppage uppon the Oath of M" Hammond. And
yo' Pet' had an Order graunted for the full summe hee sued for,
W^ s** oath of M" Hammond, allthough taken in the County Court
doth not appeare uppon the Copie of the Records, W** s^ oath was
most pertinent to ouerthrow Walter Halls plea. And the Juro"
hauing it not to consider of, yo' Pet' conceiueth was the cause the
Verdict was brought agst him. And allso yo' Pet' sheweth th*
hee findeth uppon the Copie of M' Jarboes Oath, That the words
Hee knoweth not what Tob. w*^** were attested in Court, are not in
the Copie of his oath. And yo' Pet' further sheweth that Two of the
Juro'* w^ were impanelled att th* County Court, were not Inhabit-
ants w^'^in this Prouince ; & one, nott of the County, And one of the
s^ Three suddenly after the Verdict Reported th* I had a greate deale
of wrong. And yo' Pet' conceiueth hee hath sufficient Cause of
accon agst him & hee lyuing not in the Prouince hath not opportunity
to sue him. And allso conceiueth th* M' Halls Euidence doth in noe
wayes proue his Pet**, & yo' Pet' himibly prayeth th^ the Judgm* att
Cotmty Court may bee reuoked, & hee may haue a rehearing of the
Busines or ells nonsuite, & yo' Pet' shall pray &c :
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Provincial Court Proceedings, 1659. 343
These may Certify all whom it may concerae, That I whose name Liber
is underwritten: meeting w*** M"^ John Wasington at [Ma]tapany, P-^.R.
the next day after the last June Court held att New Towne ( for S*
Ma[ries County] I enquyred of the s^ M' Washington what was
done in the busines there [bet]wixt [M]^ Pille & M^ Hall. He
answered that the Court referred . . . . ^ Jury himself e was one.
That they fownd the .... & could not All agree, concerning the
gyuing .... couer allthough himselfe, & Will™ Boreman .... Jury) [pp. 315 to
did labour much to cause the rest derstanding of the busines, for ^S^l
preuention
.... Executo" Admistrato" or Assignes for euer. In wittnes Re Morris
whereof I haue hereto putt my hands this 6*** day of October 1659. ^^^^^ 5
The marke of 1659
John \ Morris
Wittnessed by us Robert Lloyd The marke of Richard + Dod.
These p*nts testifyeth That I Giles Tomkins doe assigne & make Re Tomkins
ouer all my Right & Tytle of this Condicon herein specif yed to M*^ ^^)h
ffrancis Doughty, him his heyres admistrato", Executo" or assignes
for euer. As wittnes my marke this 17*^ January 1659/60
Giles A Tomkings
Wittnes Will" Barton Junio"^ marke
Richard R. 2. Smoute
marke.
Bee it knowne unto all men by these p*nts th* Cap* George Euelin Re Evclin
Esq"^ doe acknowledge to haue had & receiued of Temperance Jay
the sume of One hund^ & Twenty pownd of lawfull money of Eng-
land, for the w** money I doe bind my selfe my heyres Executo" or
assignes firmely by these p'nts to pay or cause to be payd, unto the s**
M" Jay in Virginia Twenty pownd Sterl p' Annu™, Beginning nine
weekes before Michaelmas 1649, W^ Twenty pownd is to bee payd
eucry yeare during her life, And because money is scarce in Virginia,
I doe oblige my selfe to pay imto the s^ M" Jay, soe much goods, as
shee shall like of amoimting to the s^ sume of Twenty pownd sterl :
& th* the s^ money or goods bee payd att euery halfe yeares end ac-
cording to proportion. And if in case the s** M" Jay should dye
w^'^in a yeares space, then I the s^ George Euelin doe promise to pay
or cause to bee payd Twenty potmd sterl, to such person or persons
as the s^ M" Jay shall appoynt mee before her decease, moreouer if
in case M" Temperance Jay should retume into England w*** in the
space of three yeares after her arryual in Virginia I doe binde my
selfe, my heyres, Executo" or assignes to pay or cause to be payd
tmto the s** M" Jay w*** in three months after her arryuall in England
the s^ sume of One hund^ & Twenty pownd sterl of lawfull money of
England, And in case of non paym* I the s** George Euelin doe binde
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344 Provincial Court Proceedings, 1659.
Libcr ouer to the s** M" Jay a Considerable quantity of Land in Greendall
P. C R- qJ^ gf^j^ Qj. Middle Plantaon amounting to the s** sume of Twenty
pownd sterl p*^ Annu°*. In wittnes hereof I haue hereunto sett my
hand & Seale this 11*** day of October 1649 George Euelin
Testis Tho : Pott Sam : Cooper John Joyce Sea + le
ffebruanr nicholas Gwyther Sheriffe of S* Maries County Retumes his
^*° '^j59/& writts, war** summons &c: (All Excutd.) Except John Shirtcliffe X
Sheriff's John Walton. Cap* Tho : Comewaleys 2 Accons X John Shirtcliffe,
returns ^ jj^j^. gpj^j^^ ^^^.j^ Pheypo X WilP Smoote.
John Coursey Sheriffe of Kent County Retumes his Writts &c :
(All Executed)
Will"* Coursey Sheriffe of Caluert County Ret Writts &c: (All
Executed) Except Alexander Anderson X Richard Sullock.
Vid. foL 351 And uppon the Writt of Attatchm* Pro Augustino Herman X
Maio"" John Billingsley Ret ffiue hogsheads of Tob. attatched.
William Empson Vndersheriffe of Charles Ret Writts &c: (All
Executed) Except, Edward Prescott X Seuerall p*sons (Arthure
Turner only arrested) Robert Lloyd X Daniel Hutt
John norwood Sheriffe of Anarundel County Ret writts &c : (All
Executed)
Vide I Md. Att a Prouinciall Court held att S* Clements Manno"^ in S^ Maries
^^^ ^ County on Twesday 28° ffebruary 1659.
Pnt'
M** Thomas Gerard! D^ Luke Barber
Co* John Price
M^ Rob^ Qearke
Vppon Speciall occasion of the Councell The Court adiomed by
the Gouemo' till tomorrow morning att 10 o'Qock.
Josias ffendall Esq"^ Gou',
Philip Caluert Esq"^ Sec'
^Co«Nath:Vtye
M' Baker Brooke.
Feb. 29 Wednesday 29° ffebruary, 1659^
Jury
impaneled Pnt* as yesterday.
Writt to the Sheriffe to impanell a Jury of 12 men to attend the
Court this day as Juro", & giue in Verdict to the Board in those
Causes wherein they shall bee requyred.
Sheriffe Ret his Writt & Warned
fforema**.
Nicholas Yowng Rob* Cole Will" Smoote Daniel Qocker
Rob* Kedger Rich : ffoster Marks Pheypo Thomas Lomax
Luke Gardner W Beane George Mackall, Edmond Lindsey
M' Peter Bath this day swome in open Court to administer Oath,
& f aythf ully to draw up Depositions, to the best of his imderstanding.
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Provincial Court Proceedings, 1659. 345
whereunto hee shall be requyred, Touching the Prouinciall Court in y^p
this Prouince.
Came afore the Board John Maimsell, & declareth how th* his Re
ffather John Maunsell being lately Deceased, And hee thereby left EstoST"'*
Orphane about sixteene or seauenteene yeares of age. Craueth the
Priuiledge of choosing his Guardian, W^ was Graunted him by the
Board.
And the s^ John Maunsell made Choyce of Cap* Will" Euans for
his Guardian.
Ordered th* The s^ Cap* Will" Euans take out Ires of Admistraon,
& giue in a true & perfect Inuentory of the Estate of the s** John
Maunsell, in behalfe of the Orphane, & an Accompt when euer hee
shall bee therto requyred by the Judge in Testamentary Causes in this
Prouince.
Came afore the Board Thomas Taylor of Patux* Riuer in Caluert Re
County, & sheweth how th* his Mother Jane Eltonhead, the Relict |Jf^^^'*
of Will" Eltonhead Esq', being lately Deceased, & hee thereby left
Orphane about the age of sixteene or seauenteene yeares, Craueth
the Priuiledge of choosing his Guardian, W** was graunted him,
And the s^ Thomas Taylo"^ made choyce of M" Jane Eltonhead.
Ordered th* the s* Jane Eltonhead take out Lres of Admistraon, &
giue in a true & p'fect Inuentory of the Estate of the s** Jane Elton-
head, in behalfe of the Orphane. And an accompt when euer shee
shall bee thereto requyred by the Judge in Testamentary Causes in
this Prouince
Know all men by these p*nts th* I John Bateman of Patux* merch* Bateman v.
doe appoynt my louing ffreind M' Henry Coursey Gent my true & ^^^ ^^
lawfull Attorney to defend a suite depending in the Prouinciall
Court of Maryland, betwixt mee, & John Bagby & Will" Mills &
others, w*** sufficient power in it, as I my selfe could doe. And what
my s** Attorney shall doe I doe by these p^nts ratify & confirme as
fully as my selfe could doe and to app03nit Attorney or Attorneys as
hee shall thinke fitt. In wittnes whereof I haue hereunto sett my
hand this 20*^ ffeb. 1659 John Bateman.
Wittnes Rich : Moore
Whereas att the last Prouinciall Court the pif arrestd Rob* Patrick- p. 344
son, John Bagby, Will" Mills &c : defts, then shewing by his Pet",
how th* the s** parties haue seated themselues uppon his Manno',
purchased of Cap* Tho : Comewaleys, And whereas it was att that Vid. foL 299
Court ordered th* M*^ Rob* Cleark, & M"^ Henry Coursey be sum-
moned to this Court to declare their intention & knowledge concern-
ing the Bownds of th* Land now in question.
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346 Proznncial Court Proceedings, 1659.
p c^ '^^^ P^ "^* ^^g P^^ i^ Court, But by his Attorney M' Henry
G>ursey who is one of the Wittnesses summoned in this Cause, Or-
dered tiiat the Cause bee respited till next Prouinciall Court, And
fiuther, th* M"^ RoW Qearke & M"^ Henry Coursey (being lawfully
summoned) giue in their Depos^ att this Court, touching the pHs
claime.
PWlip The plf sheweth how th* according to his Order & appojmtment
^ his Lp« from his L*^, hee demanded of the deft, The Port duties (as is
Rccciv*- prouided by Order of Assembly) w^ the deft refused to pay. And
Ca|?Mii«i thereuppon obtejmed Order for Attatchm*.
Vi<L 0?^ ^^^ ^^^^ sajrth th* hee did not deny the paym* of the Port Duties,
Attatdunt if in Case his L*^ requ)rred them of him. But being his L^* serut, &
foL 320 Q^g Qf jjg Admiralls here, hee supposeth himselfe not chargeable w*
those Duties. And how that those duties were not demanded of him
according to the Act or Order of Assembly.
Will"* Bretton Sayth uppon Oath That hee went in Company w*
M*^ Caluert aboard Cap^ Cooks ship, when hee demanded the Port
Duties. And Cap* Cooke sayd th* if his L*^ requyred them in Eng-
land, hee would satisfy them. But being pressed by M' Caluert,
whither hee would giue him his Bill of Ebcchange into England there-
fore, yea or not, the s** Cap* Cooke absolutely refused, & sayd hee
would not, ff urther sayth not
Zachary Wade swome in open Court sayth That hee was on board
Cap* Cookes ship when M*^ Caluert was aboard. And uppon motion
of M"^ Caluert touching Port Duties, Cap* Cooke sayd That if his L«*
requyred it in England hee would pay it, But hee would not giue
Bond for it here, & fiuther sa)rth not
The Gouemo' requyreth the Councell to deliuer their Judgm**
seuerally whither Cap* Cooks answere were ssuffident yea or noe.
Co* Vtye. Powder & shott ought to haue bene demanded accord-
ing to the Act, & payd by him : & That his answere was sufficient
& the sloope not iustly attached
M' Baker Brooke the same.
D^ Luke Barber the same.
M' Thomas Gerard. That the Sloope ought not to be condemned
or attatched.
Co* John Price. Answere not sufficient: & the sloope iustly
attatcht
p. 345 M' Rob* Qearke. That the Attatchm* of the Sloope was iust, in
th* Cap* Cooke complyed not : nor payd those duties ejrther in this
County or in England.
Gouemo'. That Cap* Cookes answere was not sufficient, ail-
though the Port Duties were to bee payd in money & his L^* Receiuer
demand it
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Provincial Court Proceedings, 1659. 347
Know all men by these p*nts th* I Anne Tilney of the Crosse in Liber
the Prouince of Maryland, & Executrix of Richard Hotchkeyes of ^^J^
the same place deceased, haue constituted appoynted & ordayned, & Hammond
doe by these p'nts constitute, appo3nit & ordaine John Abington of xii^*
the place afores** my true & lawfull Attorney, for mee & in my name,
& to my only use, to aske, demand & receiue all debts, dues & demands
whatsoeu' now belonging to me the s** Anne Tillney, & uppon non
paym* to impleade or imprisone any p*son or p'sons, as my s^ At-
torney shall see cause, & uppon paym* made to release acquitt or dis-
charge any p*son or p*sons as afores^, as allsoe to pay all iust debts
due from mee, or the af ores** Richard Hotchkeys : & whatsoeu' my s**
Attorney shall doe in the afores^ premises I bind my selfe to ratify &
confirme in as ample manner, & w*** as much power as all Attorneys
hath or ought to haue, as Wittnes my hand this 12*** day of Nouemb""
1659 Anne Tillney
Wittnesse Thomas Mathews Hest Mathews.
The pif sheweth by her Pet", how th* shee soidd imto M"^ Richard
Hotchkeys her Plantaon in Brettons Bay for 5500* Tob, to bee payd
by him the s** Hotchkeys att one entire paymS Couenanting w*** all
th* the s** Hotchkeys should ship, or carry on board the s** Tob for her
use, w*** the s^ Hotchkeys did not, & further shee alleageth, th* shee
hath not yett receiued satisfaction for her s^ Plantadn, One hogs-
heade of Tob being only discounted for her use, towards the paym*
thereof, w*^** shee doth allow, & noe more. The deft, by her Attorney,
sayth, th* M' Hotchkeys (as may appeare by his Booke of Accompts)
hath payd the greatest part of th* Debt, & that there remaines unpayd
not aboue Two hogsheads of Tob, or thereabouts w** the deft is
ready to satisfy.
Cap* Will" Euans swome in open Court Sayth, That by discourse
y^th j^r Wade, M' Hotchkeys, & M" [H]ammond, he understood
there was a Contract, or bargaine made (as he thinks) for 5500* p. 346
Tob. for her Plantaon & a Bill was passed for the s^ plantaon, &
gyutn in D"" Wades name: And th* M" Hammond intrusted M*"
Hotchkeys to receiue the Tob. Whereuppon D' Wade called her foole
for intrusting him to receiue his owne Tob. Hotchkeys himselfe
being then present. And further th* M" Hammond gaue D*^ Wade
order to deliuer in the Bill to Hotchkeys, then when shee imposed her
trust in him. Because there was a Rimiour in the Country that shee
intended thereby to defray or cheate her Credito".
Edmund Nanfan deposed sayth That there was an absolute bar-
gaine concerning the plantaon, & M"^ Hotchkeys promised her honest
pay for it, & not to fayle her in her Tob, And M" Hammond sayd
shet would trust to his honesty.
Ordered th* this Cause be respited till next Prouinciall Court.
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348 Provincial Court Proceedings, 1659.
Liber To the hon"« the Gouemo'^ & Coimcel &c
HaL^ The humble Pef* of Anne Hammond Sheweth That by order &
Vidl ?^i^*^ Justice yo"" Pef attatched a Seruant of Jaruise Dodsons for a Debt
fol. 213 owing to yo' Pef from the s^ Dodson, & obteyned thereuppon Order,
foL 233 for the deliuery & posses" of the s** seruant. Now soe it is That this
^ ^^^ suite long depending in this Court, The seruant soe attatched lyued
all the time w*^ the sheriffe, & in his Custody, doeing him labour
amongst the rest of the s** Sheriffs seruants, & being sett on worke
by him. Whereuppon shee conceiueth her selfe freed from the ffee
of th* Attatchm*, when as the sheriffe conuerted the seruants labour
to his owne use, gyuing yo' Pet' noe accompt thereof.
Shee humbly therefore prayeth, for the reason alleaged, th* shee
haue the Seruant ffree of all the sheriffs charge for ffees, as in
Equity shee conceiueth iust, & shee shall pray &c : It is Ordered that
the Pef enioy the s*^ seruant according to former Order of this Court
And the Sheriffe remitteth his ffee of Attatchm*, & the Pet' dispose
of her s* seruant to her best benefitt, as shee pleaseth
R«^« V. Whereas John Reade ptf, hath commenced suite agst George
^ * Reade deft. Concerning a certaine peice or parcell of grownd adioyn-
ing to both their plantaons in Patux* Riuer, To w^ Land both parties
lay daime therto ; The Controuersy arrysing through the marking of
Certaine Trees : Insomuch th* the difference cannot bee determined
att this Court. It is therefore Ordered th* the Cause bee Respited till
next Prouinciall Court, And th* both p'ties bring their Euidences
thither, & their Respectiue Leases, & all other writings, concerning
their Lands or plantadns they now Hue on : To the end this difference
may more dearly appeare to the & haue itts finall determi-
naOn.
To the hon^ the Gouemo' & Councell of Maryland
CuSi/lf The humble Pet» of Robert Qearke Esq' Sheweth, That whereas
Hiwley*! yo' Pef did suruey by warr* for Cap* Will" Hawley ffiue thowsand
Kstitc six hund** Acres of Land. The ffee whereof amounted to six hund^
l>ownds of Tob, W^ Tob. yo' Pef demanded of Cap* Nicholas
Gwythcr Executo' of the s** Hawley, Who doth not deny to pay the
same : But sayth hee cannot doe it, w*** out Order of this hon^ Court.
Yo' Pcf therefore most humbly desyres yo' hon" Order requyring
the s** Cap* Gwyther to pay yo' Pef his s** Tob, W«** graunted yo' Pet'
will pray &c :
It is Ordered uppon this Pet* th* Cap* Nicholas Gwyther (being
p*nt in Court, & alleging nothing agst the Pet', but acknowledging
the iustnes of the demand) make paym* of Six hund** pownds of Tob,
to M' Rob* Clearke for his ffee of Suruey : The s** Gwyther being
Mxcciitor or AdAistrato' of the fores** Cap* Hawleys Estate, &
wovf enioy eth & possesseth the s* Land soe surueyed
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Provincial Court Proceedings, 1659. 349
Know all men by these p*nts that I Vincent Atchison of the Prou- Libcr
ince of Maryland, doe constitute & appoynt my louing ffreind M' fiiJjtlfv.
John Metcalfe of the same Prouince my true & lawfull Attorney in Atchison
all causes for this Prouinciall Court, wherein I shall bee eyther pif
or deft, And what my s^ Attorney shall doe herein I doe ratify &
allow, as wittnes my hand this 24*** of ffeb. 1659
Wittnes Thomas Haruey. Vincent Atcheson
To the hon"* the Gouemo' & Councell &c :
The humble Pet" of Emperour Smith Churgeon Sheweth That
Vincent Atchison of this Prouince Plant"^ oweth unto yo*^ Pet"^ seauen
hund^ pownds of Tob. to be payd att a day long since past, W** the
s** Atchison hath not yett payd to yo*^ Pet*^ dammage of One Thowsand
pownds of Tob. Yo' Pet' therefore most himibly desyres the s**
Vincent Atchison may be imediately requyred to pay yo' Pet' his s^
Tob, with what dammages hee hath susteyned & yo' Pet' shall pray
&c
The plf producing & shewing in Court the defts Bill or Specialty
for 700* Tob. payable unto him, on the 20*** of Nouemb' last, W** is
not yett payed by the deft, to the plf s much dammage, as is alleaged
by him.
The defts Attorney requesteth that the cause may bee Respited,
But the Court thinke it not fitt to delay the pif thereby, when as a
positiue Bill is produced by him. And the defts Attorney p*nt in
Court, not able to declare the contrary. But that this Bill produced
is a iust Bill, and signed by the deft himselfe.
It is therefore Ordered that the pif haue Judgm* according to his p. 348
Bill or Specialty, And th* the deft pay or satisfy forthw*** to the pif,
Seauen hund** pownds of Tob & Cask, according to Act of Assembly
(as is specif yed in the s^ Bill) w*** Costs of suite. Else Execuon.
The pif euidenceth to the Court, That hee intrusted Cap* Richard Joseph
Hotchkeys to receiue certaine Tobaccos for his use, And allso deliu- ^^^xuLcy
ered unto him Certaine Bills W** the s** Hotchkeys engaged under his p*^ Attor Jn6
hand to bee accountable for to the pif when demanded. As appear- -^^*°fi^®°
eth by a writing to th* effect signed by the s** Rich : Hotchkeyes dat
25* of May 1658 & wittnessed by Hen : Peyton. The s"* Hotchkeys
being now dead, the pif bringeth his accon agst the Admistratrix of
the s** Hotchkeyes, being possessed w*** his Estate
The Receipts produced in Court of Tob belonging to the pif, &
conuerted by M' Hotchkeys to his owne use the last yeare, i Receipt
dat 16*** March 1658, Eleauen hund** & Eleauen pownds of Tob.
neate Receiued by Henry Coursey.
I other Receipt dat 2^ May 1658. Seauen hund^ ffowrty ffowre
pownds of Tob neate. Receiued by Will" Coursey.
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350 Provincial Court Proceedings, 1659.
Liber This Bills are (as appeareth by the Copies) Three, W** the s^ M'
P. C R. Hotchkeys engaged to the accountable for, as af ores**.
Henry Bullens Bill for 2400*
Thomas Longe for 1300
John Lodmore for 0650
4350
The Judgm* of the whole Board is th* the Admistratrix repay back
the Tob allready receaued, and allso the forementioned Bills, or the
Tob specif yed therein. And soe Ordered accordingly.
Brooke v. Whereas ff rancis Brooke hath petitioned this Court in behalfe of
^ his Brother Thomas Brooke, Shewing th* both hee & his s** Brother
came into this Prouince f owre yeares since, being both bownd by In-
denture to serue M"" Hen : Corbin f owre yeares apeice, And whereas
the s^ M^ Corbin sold both him & his Brother to Co* Nath : Vtye, w*^
whom they lyued one whole yeare, And then the s^ Co** sold them both
againe to M"^ Joseph Wicks for ffowre yeares to exspyre being a
yeare apeice more then they couenanted for w*** their first Master,
Soe th* hauing serued the s^ M"^ Wicks three yeares, they both de-
manded their ffreedome. In the interim (they being att the neighbo"
howses) M' Wicks goeing to the Co* & certifying him, how th* both
those seruants, hee bought of him for the time afores**, claymed their
ffreedome. The s** Co* directing his war* to the Constable forced the
Pet" Brother Thomas Brooke to retume againe to his fores** Master,
M*^ Joseph Wicks, & there to remaine & serue him Two yeares
longer, then the s** Thomas first couenanted for (whereuppon hee
conceiueth ) And w^ all setting the Pet' ff rancis Brookes free.
p- 349 It is Ordered th* this Cause be respited till next Prouinciall Court
And th* Co* Nath : Vtye, by th* time produce the Seruants Indenture,
or proue by other sufficient Testimony th* the s** Thomas hath soe
long time to serue, as hee sold him for, & now claymeth, (W^ hee
assumeth to doe) And it is further Ordered th* the s** Thomas
Brooke in the meane time, remaine w* his fores** master, & perf orme
his labour : Who is to bee allowed & satisfyed for his s** labour &
seruice ; in case hee shall then bee adiudged ff ree by the Board.
To the ho**** the Gouemo"^ & Councell &c :
Thomas y. The humble Pet" of Anne Thomas Widow &c : Sheweth That
Estate whereas Thomas Cole of this Prouince late deceased did att his
death stand indebted to yo"^ Pet" husband, the sume of 2970* Tob,
And the s** Coles Estate falling to his L^ of this Prouince, shee
htunbly beseccheth yo*^ hon" to grant her an Order for the s** Debt,
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Provincial Court Proceedings, 1659.
351
to be satisfyed out of the Estate of the s^ Thomas Cole, shee being Ubcr
feft alone w*** Two small Children, & in a poore condicon for want ^' ^* ^
of that Tob : By reason of the urgent desyres of her Cred" to be
satisfyed. Shee humbly beseecheth yo*^ hon" to take the premises
into yo"^ consideraons, & grant her, her iust due, as by euidence shee
can make appeare. And shee shall as in duty bownd pray &c :
Thomas Cole Deb*^ to Dauid Thomas Deceased
In Octob^ 1658
ffor One flitch & a halfe of Bacon, & a hog to Victuall
his Shallop
1659
ffor Cyder hee had of Joseph Harrison
ffor Two summers Dyett
ffor Two barrells of Come for his Cattle
Payd to Cap* Gwyther for Himiphrey Attwicks
ffor last yeares Leauy
ffor his Washing Two Summers
Payd M"* Hutt for him
Payd for Two Warr** for Land th* hee tooke out
ffor his ffunerall Charges (Viz)
ffor a hogg
ffor Drams
ffor a Boate & hands to take him up, & bearing him
The Clearks ffees for 2 depos*** &c :
ffor Two men goeing to take their Oathes 2 dayes apeice ^
att 30* Tob p' day J
0290
0050
1200
0150
0015
0040
0200
0381
0062
2388
0150
0100
0150
0062
0120
0582
Mathias O Bryant sworne & Examined sayth, That for the two p. 350
precedent Stimmers Thomas Cole dyetted att the howse of Dauid
Thomas lately deceased And th* the s^ Cole called the s^ Dauid
Thomas his howse, his home, & further sayth not.
Jurat Cora" me Henry Adams. Mathias J O Bryan
his marke
George Howse sworne & Examined sayth, Jurat idem ut supra, &
further. That when the s** Cole went once w*** his shallop from home,
the s** Dauid Thomas neglected his owne busines, & went into the
woods to prouide the s^ Cole meate to uictuall his s** shallop, for th*
Voyage, & further sayth not. George H Hows
Jurat Cora me Henry Adams his marke
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352 Provincial Court Proceedings, 1659.
Liber Thomas Alanson sworae & examined the 29*** flfeb. 1659 Sayth,
C. R. That about the last of Nouemb^ or the beginning of Decemb*", last
past, this Depon* heard Richard Bott say, That a hogshead of Tob,
w^** hee was to receiue for M*" Hutts use, was for the use of Thomas
Cole deceased, flfor w** Dauid Thomas stood engaged for the s**
Thomas Cole, for a hogshead of Tob. unto the s** Hutt, And further
sayth that hee this Depon* saw the hogshead of Tob, payd to the
s** Richard Bott, for the use of the s^ Cole to Hutt.
Jurt &c : Cora" me Peter Bath.
Vppon the Pet" afores** of Anne Thomas the Relict of Dauid
Thomas deceased, And the Bill of Charges thereunto annexed. The
Court putt the same to a Jury, to consider of the Accompt there
charged amounting to 2970* Tob, Who giue in their Report, or
Verdict as followeth, (Viz) Concerning the Debt of Thomas Cole
to Dauid Thomas. Its thought fitt to allow her.
ffor 2 summers dyett 1200
flfor his washing 2 summers 0200
flfor I hh** of Tob payd M^ Hutt 0381
flfor the f unerall Charges, & the rest of the expences
since his Death, prouided shee make Oath to it 0582
2363
W*'** summe Wee find some Euidence for. And for the Remainder
of her Ace* wee hold allso fitt to be satisfyed, Prouided shee can
eyther att present or hereafter make it, or any of it by euidence
appeare to be her iust due.
Ordered by the Board according to the Verdict.
The Court adiomed by the Gouemo*" till tomorrow att 10 a Clock
& to be holden att M*" Rob* Slyes howse in the same Manno*".
Thursday i® March 1659
Att M*" Robert Slyes howse
All present as yesterday.
March i The pif producing in Court the defts Bill for Eight hund** & fifty
John fi'atch pownds of Tob & Cask, due unto him these 2 yeares last past, de-
V- Ro^>* mands Judgm* agst the deft for the same. And the deft confesseth
*^ Judgm* to the plf, for Eight hund** & fifty pownds of Tob & cask,
according to his s** Bill, gyuen up in Court
Exeq° issued to the sheriflfe of S* Maries County Eod. die, agst
the Estate of the deft for th* summe.
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Provincial Court Proceedings, 1659. 353
To the hon^ the Gouerao'' & Councell &c : Liber
P C R.
The humble Pet" of Augustine Herrman Sheweth That yo*" Pet' Herman v.
layd an Attatchm* uppon the Estate of Maior John Billingsley att gj^l^*^^'*
the Cliffts for the sume & ualew of fiue thowsand pownds of good
merch^ Tob & cask, due unto yo' Pef by specialty euer since p®
Septemb*' 1657, And whereas the s** Maior John Billingsley hath Or-
dered M*" Tho : Manning by a special! assignm* for the satisfaction of
yo*" humble Pet'. Hee therefore craues an Order of Court, th* pa3rm*
forthw*^ may bee made him, & hee noe longer delayed, w*^ Court
Charges & forbearance. And he shall pray &c :
Vppon the fores** Pet" of Augustine Herman agst the Estate of
Maio' John Billingsley, The s** Billingsley being since deceased, &
the Tob attatched like to bee lost, for th* noe one yett hath taken out
Ir^ of Admistraon, & uppon delay in danger to be spoyled : There Vid. foL 342
being fiue hogsheads of Tob Returned by the sheriffe Attatched on
that writt. The Attatchm* being in nature of an arrest, And the s**
Billingsley confessing and writing to M' Tho: Manning, how th*
hee is indebted to the s** Augustine, & willing him to come to agreem*
w*^ him, & pay him such Tob, as was due w** the s** Billingsley
acknowledged to bee about three thowsand pownds of Tob, (as the
s** M' Manning deliuered in Court)
The Judgm* of the Court is. And soe Ordered, That the s** August-
ine Herman take those flSue hogsheads of Tob allready attatched by
the sheriffe, Hee gyuing in security to bee accomptable to the Ad-
mistrato' of the s** Billingsley Estate, when euer hee shall bee called
thereto; & Retxune the same, if in Case, it proue not due to him the
s** Augustine
Augustine Herman demands, Attatchm* agst the Estate of Maio'
John Billingsley for 3000* Tob, There being due to him as he alleag-
eth 2537.
Writt to the Sheriffe of Caluert County to Attatch &c: Ret next
Prouinciall Court to be holden.
The pif sheweth to the Board, That hee made an agreem* w*^ M*" jyr Luke
Harrise, the defts Wifes former husband, to serue & supply the s** SSf u^ ^•
Harrise, & his family w*** physick, & other medicines touching his Cours^^
practice from March till August following, hee paying him therefore P- 35^
one Thowsand pownds of Tob, And auerreth uppon Oath in Court,
th* hee neuer yett receiued any satisfaction therefore, & thereuppon
brings in his accompt for physick &c : amounting to sixteene hund**
& thirty pownds of Tob.
To w*^^ the deft, sayth, th* the pif complyed not according to th*
his agreem* & further th* the pif passed his Bill for goods bought of
his Wife, since th* claime was due from M*" Harrise, & therefore
conceiueth th* debt to haue bene discharged & payd
23
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354 Provincial Court Proceedings, 1659.
Liber The Cause is putt to a Jury
P. C. R. rjs^^ j^j.^„ Returned by the SheriflFe for this day are
flforema"*
M*" Thomas Manning, M' John Ashcomb, Rob* Kedger,
M' Hugh Stanley, M' Walter Hall, Will" Whittle
M*" Luke Gardiner, M*" Rob* Cole M' John Abington
M*" James Lindsey, M' Tho : Lomax, George Mackall.
And the Juro" brought in their Verdict (Noe Caase of accon)
Lc Compte Antho)me le Compte Petitioneth the Board agst M' John Ash-
V. Ashcombe ^^5^^ shewing therein how th* the s** Ashcombe hath trespased, &
still persisteth soe to doe uppon his Lands surueyed & pattented by
him, to the dammage of One Thowsand pownds of Tob. & therefore
craueth Order agst the s** Ashcomb for the s** danmiage susteyned
through such wrongf ull trespasse.
To which the deft sayth, th* the plf susteyneth noe dammage by
his meanes neyther encroacheth hee uppon his bownds.
And the plf not able to proue what hee alleageth in his s** Pet", The
deft Craues a nonsuite, W^ was graimted by the Board.
To the hon"* the Gouemo' & Councell &c :
Rock per The humble Pet" of Richard More Humbly Sheweth That Cap*
More*^. ^^^^^ Battin is indebted unto yo^ Pef" fifty pownds sterl, as by his
Battin specialty may appeare. May it therefore please this hon^ Court
to graimt order for pa3rm* of the s** Debt togeather w*^ forbearance &
Court Charges And yo' Pef shall pray &c :
This wittnesseth th* I Will" Battin of Virginia Merch* doe
acknowledge my selfe to stand indebted unto Joseph Rock of Boston
shopkeeper in New-England, the iust sume of Twenty fine pownds
sterling. The w** s** Sume I promise to pay out of the produce of a
parcell of Tob, w^ I engage to send in one of the first ships bownd
for London, & to consigne it unto Ninion Butcher Merch* in Adly
Streete, for the pa3mi* of the Sume aboue for the proper use of the
p. 353 s** Rock. And it is further agreed that the s** Rock is to nmne the
Resgo of the Sea, the Tob being rated att 3** i p* & the s** Battin to
stand to the markett. Likewise I the s^ Battin doe engage my selfe to
send to the s** Rock a Bill of Lading under the Masters hand, uppon
whom the Tob is shipt, by the first opportunity imto the s** Rock in
Boston. And for the true p^formance of the same I bind my selfe,
Executo", & Assig^es in the dowble ualew, for the true p^formance
of the aboue named Sume. In wittnes hereof I haue hereunto putt
my hand this 2y^ day of this p*nt Septemb' 1654.
Wittnes Jeremiah Murells Josiah Robinson. Signe
Will°IXB Battin
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Provincial Court Proceedings, 1659. 355
To the demand of the pif for 50* Sterl. The deft sayth That hee Liber
shipped ffiue hogsheads of Tob, in the Ship Crescent Cap* Thorow- ^' ^' ^
good Master, as hee was Ordered by direction from the pif , And
therefore conceiueth th* th* Debt is allready satisfyed by him unto
the pif , it being only 25* Sterl.
W** the pif denyeth & thereuppon produceth M*" Ninion Butchers
Ire to M' Joseph Rock, & the Accompt of Deb*" & Cred" concerning
this Tob.
Whereuppon the Gouemo'' appoynted M' Robert Slye, M*" Nich-
olas Spencer, M' Edward Prescott & M*" Augustine Herman to
consider of the Accounts, & Bargaine, & make report thereof to the
Board.
Who uppon consideraon make their Report as followeth. In
Obedience & complyance to the Commands of this hon^ Court, to
Report the State of Accounts betwene Joseph Rock of New Eng-
land, and Will" Battin of this Prouince.
Will" Battin to pay Joseph Rock 25* for goods bought in New
England to bee payd in the proceed of Tob to be Shipt aboard for
London to bee rated att 3** i p*" tt Being the positiue words of the
Condicon w*^ out further expla)ming, being what Tob Shipt aboard
is worth for New England goods, or goods att New England prizes.
M*" Battin an illiterate man, & the Condicon written by M*" Rock,
thus. That hee the s^ Rock to runne the Resgo of the Seas : M*" Battin
to stand to the markett, M*" Battin ofFereth to depose that his uerbal
agreem* was, That if the Tob should produce more then the s^ 3** i,
the s** ouerplus was by the s** M*" Rock to bee allowed him: & th* the
Certaine price of the Tob. to M*" Rock should bee 3^ i Shipt aboard.
Now the Tob. being woafully damaged when it came out of the
Ship, as M*" Butchers letters declare, & M' Rock being to runne the
Resgo of the Seas The Consideraon arryseth from that. Whither or
noe ffiue hogsheads of principall Tob might not haue payd 25' had
not the Resgo of the Sea woafully damnifyed it, The Ship prouing
uery leaky?
On M*" Rocks behalfe it is alleaged that but Three hund^ & odde p. 354
pownds of Tob were damnifyed. The Court can Judge whither or
noe soe much dammage in the s^ hogshead, bee not the cause of the
inualid price of the rest, of the Tob. Nothing appearing to the
Contrary but th* the 3** i in the condicon is the price of the Tob. &
soe much being Shipt, as payeth the 25* att the s** price w*^ in 6 or 7
Shillings. And Bills of Lading being taken according to M' Rocks
order, & according to the Obligaon.
Cap* Battin alleageth the pa3rm* to bee according to Condicon &
nothing appearing to the Contrary, by w** any thing can be otherwise
decided, & moreouer otherwise beside this price M'' Battin can neuer
certainely know an end of his paym*. Moreouer Cap* Battin is ready
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3S6 Provincial Court Proceedings, 1659.
Liber to depose, th* hee hath bene allready prosequuted in this busines by
P. C. R. Qj^g Robert Gray in behalfe of M*" Rock, & uppon discussing of the
busines, the s** Rob* Gray did declyne the s** prosecuon. Declaring
that if hee did proceed, th* it would bee to M' Battins wronge, & soe
desisted, And by reason that there is a dowble interpretaon, concern-
ing standing to the markett, & only by inference & consequence Wee
conceiue not by Law but by Equity to bee decided. Wittnes Our
hands Edward Prescott Augustine Herrman.
To the hon^ the Gouemo*" & Councell.
Whereas Cap* Battin is bound by his specialty to pay 25* Sterl to
M*" Rock, I doe understand the Busines thus, & this is my Opinion.
That Cap* Battin ought to haue Shipped soe much Tob, as would
haue produced 25* Sterl, the Debt mentioned according to the teno'
& expresse words of his Bill.
And whereas there is 3** i ^^ t mentioned for the prize of the Tob,
•that Cap* Battin was to Ship in the Country, I understand, th* hee
was to be allowed soe much p*" i. in case the Tob were eyther lost, or
damnifyed att Sea, & not otherwise. The Bill expressing in these
uery words. That Cap* Battin shall stand to the markett. And this I
signify, being chosen as an Arbitrato' in the s** busines depending
betwixt M*" Rock & Cap* Battin, as Wittnes my hand ffeb. 29*^ 1659
Rob* Slye Nich : Spencer.
The s** Reports being Read, & the Accompts perused. The Judgm*
of the Board is That the deft ought to be allowed for th* 350^ Tob
charged damnifyed in the pifs Accompt, from the pif, att 3** ^ p*" t
Vid. fol. 363 And for th* other money allso acknowledged payd in the s** accompt,
Both w** amount to 9*, I2*, 3**. Soe th* there Remaines of the Ac-
compt to ballance 15*, 7*, 9**. It is therefore Ordered that the deft
satisfy or pay unto the pf f the s^ summe of ffiueteene pownds, seauen
shillings, nine pence sterling : or goods to th* ualue.
John Collins Know all men by these p*nts th* I Elizabeth Potter Widow doe
V. Eli^eth constitute & appoynt my louing ffreind John Metcalfe of the prou-
p. 355 ince of Maryland gent" my true & lawfull Attorney, in all causes
wherein I shall bee eyther ptf or deft for this p*nt Prouinciall Court.
And what my s** Attorney herein, I doe ratify & allow, as wittnes my
hand this 23*^ of ffeb. 1659 The mark of
Wittnes Nicholas Gwyther Marks Pheypo. Elizabeth A Potter
The ptf informeth the Board, how th* hee receiued and marked a
hogshead of Tob for his owne use, w** was payed him by the deft
for goods bought of him. But since the deft hath otherways disposed
of the same hogshead againe, after it was brought on board, to the
Captaine or Master of the Ship.
Cap* Miles Cooke sayth uppon oath in open Court, th* Elizabeth
Potter came to this Depon*, & agreed w*** him for a ffeatherbed : &
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Provincial Court Proceedings, 1659. 357
was to pay him for it, 40C^ Tob, & a hogge. And did after come Liber
againe, & Ordered him to deliuer soe much goods to Zachary Wade, ^- ^- ^
for the use of Thomas Allen, as came to 268* Tob, w** hee did. But
this Depon* hearing a Rumour in the Ship, concerning a hogshead
of Tob, not of his marke, w^ came from Elizabeth Potters (There
being allso one other hogshead brought from thence att the same
time) caused it to bee sett apart. After the s** Elizabeth came againe
on board, & saw the weight of the Two hogsheads, & thereuppon
came to a Ballance w*^ this Depon*, Ani soe hee receiued both those
Two hogsheads, as his owne, & caused that hogshead afore sett by,
to bee stowed away.
The Judgm* of the Board is. That the deft haue Judgm* agst the
pif for a hogshead of Tob. And th* Cap* Cooke (who hath this
hogshead of Tob, in dispute, w** came on board markt w*^ the pifs
marke) restore th* hogshead againe to the pif. And th* Cap* Cooke
haue this Judgm* of Court assigned him ouer by the pif, whereby to
recouer his due agst the deft. And soe ordered accordingly.
And the pif doth thereuppon assigne ouer this Judgm* to Cap*
Miles Cooke, in open Court. Exeq" issued imediate to the Sheriffe
of S* Maries County agst the defts Estate for 406* Tob.
Vppon the demand of the pif for Twelue hund** pownds of Tob & O^* Miles
Caske, according as is specif yed in the defts Bill, produced in Court, ^^^i^er
The deft acknowledgeth his s^ Bill, & confesseth Judgm* unto the
pif for the s** Summe of Twelue hund** pownds of Tob & cask, ac-
cording to his Bill.
Vppon the demand of the pif agst the deft, for One Thowsand C^t Miles
seauen hund**, sixty one pownds of Tob. & Cask due by Bill The deft gSphT'cy
acknowledgeth the Debt, & Confesseth Judgm* to the Pif for One Attacks
Thowsand seauen hund**, sixty, one pownds of Tob & cask, according ^*^* ^^^' ^^
to his s^ Bill
Vppon the demand of the pif for 2000* Tob. due by Bill, imto the William
Estate of Beniamin Gill deceased, the pif being Admistrato'' to that Sj^^"®". ^^^
Estate. The deft sayth th* hee satisfyed the last yeare 819* Tob. of LindlJS?
that Debt. deft
And further allegeth th* hee is wrongfully sued, by the pif, hee
taking out Writt not as Admistrato^ but in his owne name, & there-
fore came not prouided to answere to th* claime. And desyreth th* it
bee referred to a Jury, w*^^ was graunted. All the former Jury
(Except Daniel Clocker, loco M*" John Ashcomb) The Judgm* of the
Board is. That an Admistrato*" may sue in his owne name. And the
Juray hauing Considered, Retume their Verdict. Wee ffind for the
pif the Remainder of the Bill (Viz) Eleauen hund** Eighty one
pownds of Tob. & Cask.
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3S8 Provincial Court Proceedings, 1659.
Liber To the hon**** the Gouemo' & Councell &c :
P C. R.
Stenlcy v. The humble Pet" of Hugh Stanly, Sheweth That yo' Pet" mother
TUghman shipped on Board Cap* Samuel Tilghman six Seruants the last yeare.
Three whereof were drowned, in the Port of S* Maries, as they went
on shoare uppon the Ice, when by his Condicon hee was to haue
deliuered the sayd Seruants att Patux*. May it therefore please this
hon^ Court to take the premises into their serious & most tender
consideraon, (since yo*" On^to*" humbly conceiues hee ought not to
haue exposed them to soe eminent daunger, by w** they sadly per-
ished) to graunt Order th* the s^ Cap* Tilghman may make full
satisfaction for the s** Seruants, w*^ all Costs & Dammages, & hee
shall pray &c :
To the Pet" of the pif , the deft sayth. That those seruants w** were
drowned went from aboard w*^ out his priuity or consent hee being
then ashoare, & not able to goe aboard his owne Ship, Neyther doth
hee conceiue himselfe lyable to make satisfaction for all suddaine
accidents, w*** lyeth not in his power to hinder. The Judgm* of the
Board. Noe Cause of Accon. The pif nonsuited.
V ZadSrJ ^^^ ^ ^^ ^y *^^^ P^^ ^^^^ ^ Thomas Ticknor Cittizen &
Wade Grocer of London doe by these p*nts make constitute & authorize
Adininr my louing flfreind Samuel Tilghman of RatcliflFe in the County of
Middlesex Maryner, Master of the good Ship called the Goulden
ffortime of London my law full Attorney, for mee & in my name, &
to my use, to aske, leauy, recouer, & receiue of and against all &
euery p*son or p*sons whatsoeu', dwelling inhabiting or being in
Virginia & Maryland, or eyther of them, in the parts beyownd the
Seas. All & singular some & somes of money, debts, goods, mer-
chandizes & duties whatsoeu*" to mee from them or any of them due,
p. 357 oweing & belonging by bill, bond, specialty, booke, accompt, or
otherwise howsoeuer. And allso to call alj & euery my Attorneys,
Agents & flfactors whatsoeuer in Virginia & Maryland afores^, or
e)rther of them to accompt of & for all goods. Wares, Merchandizes,
some & somes of Monie & other things whatsoeuer by them or any
of them had taken or receiued, of or from mee, or to or for my use.
And to aske Leauy, recouer & receiue of & against them, & euery, or
any of them all & euery some & somes of money, debts, goods, wares
& merchandizes whatsoeu*" to mee from them or any of them due,
oweing & belonging in any manner of Wise.
Gyuing & by these p*nts graunting unto my s^ Attorney full power
& lawf ull authority in the premises to sue, attatch. Seize, Sequester,
arrest, imprison & condempne, & forth of prison againe to deliuer —
Attorneys one or more under him to appoynt, & the same againe to
reuoake. And uppon the Receipts in this behalf e acquittances, or
other lawfull discharges in my name to make, scale, & deliuer, And
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Provincial Court Proceedings, 1659. 359
generally to doe all other things requisite in or about the premises Liber
as effectually as I my selfe might or could doe being personally ^' ^' ^
p*sent. And I will ratify & confirme & allow all & whatsoeu*" my s^
Attorney shall lawfully doe or cause to bee done in or about the
premises by force of these p*nts. In wittnes whereof I haue hereunto
sett my hand & Seale the Twentith day of Septemb*" in the yeare of
Our Lord god, according to the computaon used in England One
Thowsand six hund**, fifty & nine Thomas Ticknor
Sea + ale.
Sealed & deliuered in the p*nce of Will" Love Edw : Worsopp W"
Salisbury Sen'.
Know all men by these p*nts That I John Wade of Poplar Hill
in Maryland in the parts beyownd the Seas Chirurgion, am houlden
& firmely bownd, unto Thomas Ticknor Cittizen & Grocer of Lon-
don, in One hund^ pownds of lawf ull money of England To be payd
to the s** Thomas Ticknor, his Certaine Attorney, Executo" Admis-
trato", or Assignes, To the w** pa3rm* well & faythf ully to bee made,
I doe bind mee, my heyres Executo" & Admistrato" firmely by these
p*nts. Sealed w*** my Seale, Dated Twelueth day of Octob*" in the
yeare of Our Lord God, One Thowsand six hund** fifty & Eight. The
Condicon of this Obligaon is such That if the aboue bownd John
Wade his Executo", Admistrato" or Assignes doe truly pay to the
aboue named Thomas Ticknor his Executo", Admistrato" or As-
signes att or in the now dwelling howse of the s** Thomas Ticknor,
scituate in Bisshops gate streete London, The some of ffifty & Three p. 358
pownds of law full money of England (being for goods & mer-
chandizes receiued of the s** Thomas Ticknor by the s** John Wade for
the use of his Plantaon in Maryland aboue mentioned) in & uppon
the Twelueth day of Aprill next comeing after the date aboue written
That then this Obligaon to bee uoyde, or ells to stand in full force &
Vertue, John Wade, Sealed & deliuered in the p^sence of us W"
Salisbury Ser' Rob*" Pryme
This is a true Copie & agreeth w*^ the Original being Examined by
us, W*" Salisbury Sen', James Heigh his Seru* Nich : Spencer Edw :
Worsopp.
The pif produceth the Copie of a Bond signed by John Wade
Chyrurgeon deceased bearing date 12** Octob' 1658, Wherein the s**
Wade is bownd to the pif under the penalty of one hund** pownds
for the paym* of ffifty three pownds Sterl, as is conteyned in the s**
Bond.
The Admistrato*" not prouing th* any thing was eyther payd by
the s** Wade, or himselfe in Satisfaction of this Debt, & not able to
obiect any thing concerning the Bond, & the iustness thereof, It is
Ordered tih* the pif haue Judgm* agst the Admistrato' for ffifty Three
pownds sterl. according to the s** Bond.
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360 Provincial Court Proceedings, 1659.
Liber Bee it knowne unto all men by these p*nts That I Owen James of
Tictoor v! *^ Prouince of Maryland under the gouerm* of the L** Baltemore
Capt John Planter, doe hereby acknowledge & confesse th* I doe owe & am
Adminr"to ^^^ebted unto Thomas Ticknor Cittizen & Grocer of London, the
James some of ffifty fower pownds, one shilling, & Two pence of Lawfull
money of England for diuers goods, waires & commodities by mee
receaued & had of the s** Thomas Ticknor, for the supplying of my
plantadns in the Prouince of Maryland afores**. And to be payd unto
the s** Thomas Ticknor his heyres, Adm", or Assignes uppon the
Tenth day of March next ensuing the date hereof. And for the
true pa3mi* thereof unto the s^ Thomas Ticknor his Executo" &
Assignes. I bind mee my heyres Executo" & Admistrato" in the
sume of One hund^ & Eight pownds of lawfull money of England,
firmely by these p*nts. Sealed w*** my Seale dated the Seauenteenth
day of Nouemb' in the yeare of Our Lord God, One Thowsand six
hund** ffifty & fFower. The marke of the s** Owen James Signed,
Sealed & Deliuered in the p*nce of John Steuens, Thomas Pearson
Ser^.
To all poeple to whom this p*nt writing shall come, I Owen James
of the Prouince of Maryland, under the Gouerm* of the L** Baltemore
Planter & now bownd out from the Port of London to the Prouince
afores** send Greeting. Whereas I the s^ Owen James in & by a cer-
taine Bill or writing under my hand & Seale bearing date the day
p. 359 of these presents stand indebted & bownd to pay imto Thomas
Ticknor Cittizen & Grocer of London in the sume of ffifty fowre
pownds. One shilling & Two pence payable uppon the Tenth day of
March next ensuing the date of the s** Bill. And for true p^formance
thereof, being for goods, wares, commodities & merchandizes by me
receaued & had of the s^ Thomas Ticknor for the supply of my Plan-
taons in the Prouince afores** I haue bownd my selfe in Executors &
Admistrato" in the summe of one himd** & Eight pownds as by the s**
Bill of Debt or writing (relation being thereunto had) may att large
appeare. And whereas allso I the s^ Owen James haue laden & intend
to lade aboard the good Ship called the Goulden ffortune of London,
whereof Samuel Tilghman is master under God, now bound out up-
pon a Voyage to the Prouince of Maryland diuers goods merchan-
T O F dizes & commodities, the p'ticulars whereof are mentioned & ex-
pressed in an Inuoyce thereof hereimto annexed, & are to goe imder
the marke in the margent Now know Yee th* I the s** Owen James
for & in Consideraon of the better security of true pa3rm* & satisfac-
tion to bee made unto the s** Thomas Ticknor his Execute" or As-
signes of the sume of ffifty ffower pownds, One shilling, & Two pence
according to the teno*" of the s** Bill of Debt Haue barga)med & sould
& by these p*nts doe bargaine & sell unto the s** Thomas Ticknor his
Executo", Admistrato" & Assignes to his & their owne use & uses,
All & Euery the s^ goods, merchandizes & commodities in the s**
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Provincial Court Proceedings, 1659. 361
Inuoyce p^'ticularly mentioned. And allso as well both my seruants Libcr
aboard the s** Ship. As allso all my Plantaons, seruants, goods, ^-^-^
Cattle, Chatties, & other things in the Prouince of Maryland afores**,
Prouided allwayes, & uppon this Condicon neuerthelesse, th* if I the
s** Owen James my heyres Exec", Adm", or Assignes or any of us,
doe & shall well & truly pay or cause to bee payd unto the s** Thomas
Ticknor his Exec", Adm", or Assignes the s** sume of ffifty fowre
pownds one Shilling & Two pence according to the teno' & true
meaning of the s** Bill of Debt, That then this Bill of Sale shall be
uoyd & of noe effect, or ells it shall stand in full force absolutely.
In Wittnes whereof I haue hereunto putt my hand & Scale dated
the 17*** day of Nouemb*" in the yeare of Our Lord God, One Thow-
sand six hund** ffifty & ffower
The Inuoyce mentioned in the Bill of Sale hereunto annexed.
Imp*" Three suites of Apparell of Cloath fFowerty Two Ells of
Canuisej nine Ells & one halfe of Dowlas| one fflock bed, boulster &
rugge| one ffeather bed, boulster, rugge, & bed coards, & a matt|
Eleauen Thousand of nayles| six broad hoes, six ffelling Axes, Two
narrow hoes| one Drawing knife] one kilderkin] Two Cotton Was-
coates] Two payre of Cotton hose] Two payre of Drawers] Three
payre of gray hose] fower payre of Cotton hose] one dozen payre of
Shooes] one payre of Bootes] one hatt] All his gimpowder contayn- p. 360
ing halfe a himd** of powder] And all his Shott One hund** & one
halfe weight] Two men Seruants aboard the ship in the Bill of Sale
mentioned] Ten Cases & one halfe of strong waters] one Runlett of
Sack.
? The mark of the s^ Oowen James.
Signed, Sealed & deliuered in the p*nce of John Steuens Thomas
Pearson Scr^.
These are true Copies & agree w*^ the Originalls & were examined
by us
Will" Salisbury Will"" Parker his Seru* Nich: Spencer Edw:
Worsopp.
Vppon the demand of the plf for 54*, !•, 2^, agst the Admistrato'
of Owen James Deceased, according to the s^ Owens Bill, A Copie
whereof is produced & shewen in Court & attested by lawfull witt-
nesses, (whereof. One is p*nt in Court) by the s^ plfs Attorney.
The deft sayth th* thirty Eight pownds, Ten shillings. Three pence,
halfe penny is allready (formerly) payd of th* Bill by Owen James
in his Life time as may appeare by an acquittance gyuen by Edmund Vid. fol. 268
Berkeley (who was then the pifs Attorney) & uppon Record.
W*^^ Receipt or acquittance being read, & allowed by the Board.
It is ordered th* the Admistrato*" pay the Remainder of the Bill, being
ffifteene pownds. Ten shillings, & Eleauen pence sterl. unto the plf, or
his Attorney; or make other satisfaction in goods to th* ualue.
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362 Provincial Court Proceedings, 1659.
Liber Know all men by these p*nts th* I Teague Corwaine Maryner, be-
G^^ V* ^^^^^S ^o *^ Goulden flFortiine, now ryding in S* George's Riuer,
Mitchell & doe constitute & ordaine my louing flfreind Rob* Cole of S* Qem**
Smoot gj^y jj^ ^g Prouince of Maryland, my true & lawfull Attorney for
me & in my name to sue implead or arrest any p*son or p*sons what-
soeu% to me indebted w*** in this Prouince of Maryland by himselfe,
or any other, whom the s** Rob* Cole shall constitute in his stead, as
my Attorney. And what my s** Attorney shall by himselfe doe, or
allso, what any other p*son by my afores** Attumey constituted shall
act in the premises, I the aboue mentioned Teague Corwayn doe
hereby ratify & confirme the same as if it had bene done by my
selfe in p^sonall presence.
Wittnes my hand this 29*^ of January 1659
Testes Richard Willan Jonas Watters. T. C.
To the hon*^ the Gouemo' & Councell &c :
p. 361 The htmible Pet"* of Rob* Cole, Attorney of Teague Corwin
Sheweth, That whereas Thomas Mitchell & Will" Smoote stand
indebted unto Teage Corwin in the sume of nineteene hund** pownds
of Tob & Cask, yo*" Pef in the behalfe of the afores** Teage Corwin
hath demanded pa3rm* of the afores** Mitchell, but receiued not any,
W** is much to the dammage of the afores** Teage, by reason of his
goeing forth of this Country, & want of the afores** Tob. The
premises Considered yo' Pef desyreth th* the afores** Mitchell &
Smoote may be compelled to make p*nt pa3rm* w*** forbearance, &
Costs of suite, & yo' Pet' shall eu*" pray &c :
Vppon the demand & Pet" of the plf, for 190^ Tob. & Cask, The
deft Thomas Mitchell (to whom th* Debt principally belongeth) in
answere sayth. That hee hath allready ouer payd that Debt, as hee
can make appeare by Receipts under the plfs owne hand, & other
testimonies, & by his owne accompt. And thereuppon produceth One
Receipt dat, 29*"* Decemb' (in part of paym* of a Bill of 190^ Tob)
Ano 1658 for nine hund. & Twenty pownds of Tob & cask Allso one
other Receipt dat i** June 1658, for Two hund** & Twenty pownds
Tob, receiued of Arthure Tiuner for the defts use. Both w*** Re-
ceipts are signed w*^ the plfs marke. And Cap* Nicholas Gwyther
euidenceth in Court That hee payd one hogshead of Tob. weighing
33^ to Thomas Mitchell, & the s** Mitchell payd the same to the ptf
Teage Corwin, And the defts ace* comes to 45c? Tob. It being, for his
dyett washing & lodging, for three weeks att the defts howse hee
being then lycenced to keepe an Ordinary, Soe th* the deft hath ouer
payd th* Bill by Twenty six pownds of Tob. The defts Craue a
nonsuite w*** Charges & Costs of suite. W** was graunted & soe
John Ordered by the Board.
Walton V.
^^1 A. Putt to Arbitraon.
Prescott &
e Contra
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Provincial Court Proceedings, 1659. 3^3
To the hon"* the Gouemo' & Councell &c : Liber
P C R.
The humble Pet" of Will"" Battin humbly Sheweth, That Richard Bkttin v.
Smith was imployed by yo*" Pet' in the yeare 1659 to procure seruants ^^^^^
in England to be transported into this prouince for yo*" Pet" use, &
was allowed Sallary for the same, as it may appeare by seuerall
sumes of moneys receiued during his abode both in this Prouince &
England. But hauing shipped the seruants aboard M*" Haskeynes
tooke their Indentures in his owne name (notw***standing yo*" Pet*"
undertooke for the transport of himself e & seruants soe shipped) &
hath contrary to the fFayth reposed in him, disposed of the s^ Ser-
uants. And yo' Pef then being not in Bristoll, att the discharge of
the ship, could not perfect his Ace** w*^ the s** Master. By w**
meanes the s** Master attatcht the Tob, w** was given for the s^
Seruants. Whereuppon yo*" Pet' is much damnifyed in the Con-
tract betweene the s** Master & himself e, W*^** was To pay for the p. 362
transport of a seruant att Bristoll 5*, icf, or att the retume of the
Ship 7*, io», or in this Prouince 8ocf of Tob. & Cask. All w*^*^
Contract & agreem* was made uoyd, by the s** Smith in the indirect
sale of the s** Seruants as by the depos" of the s*^ M' Haskeynes may
appeare. flfurther the s** Smith is indebted to yo' Pet' 19*, i8*, 6**,
800* Tob & Cask & 13 armes length of Roanoke as p' Ace* may more
att large appeare.
May it therefore please this hon^ Court to Order That the s**
Smith make satisfaction for the dammages soe by yo' Pef susteyned
in the sale & indirect disposure of his seruants, & pay the aboues^
Ace*, w*^ Costs & Charges of suite & hee shall pray &c :
This Cause being sent up from the County Court in Charles County
to this Prouinciall Court The deft, by his Attorney M' James
Langworth, denyeth whatt is alleaged in the Pet" & willeth the pif
to make proofe of the same. And uppon reasoning the Case on both
sides The Board putt the same to a Jury, Who retume their Verdict
Noe Cause of suite.
To the hon"* the Gouemo' & Councell &c :
The humble [petition] of Sampson Waring Sheweth That whereas Waring v.
John Waghop hath uery much trespassed yo' Pef by uniustly pa)ring ^^^^P
away & disposing of a hogshead of Tob, belonging to yo' Pet' to the
ualew of 386* as hee can iustly make appeare. Yo' Pef humbly
Craueth satisfaction from the s** Waghop w*^ damages & Costs of
suite, & he shall pray &c :
Vppon the demand & Pet" of the pif the deft sayth, That that
hogshead of Tob was rotten, or damnifyed, & lay to & agen about the
Tobacco howse; neyther tooke hee any care of, or concerning it.
Imagining that the pif did soe likewise.
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364 Provincial Court Proceedings, 1659.
Liber James Veitch sworae 22*** Nouemb*' 1659 before Philip Caluert
^* ^ ^ Esq' Sayth, That being att the howse of John Waghop sometime in
Aprill last hee saw Two or Three Seamen w*^ baggs of Tob, carry-
ing from the Tobacco howse, And th* being in Company w*^ Cap^
Waring & Rob* Kedger to looke uppon a hogshead of Tob w^ Cap^
Waring had receiued of Rob* Kedger, hee saw some of the seamen
take Tob out of a hogshead th* had the broad arrow uppon it &
marked w*^ R. C. That hee did heare John Waghop say, That hee
had gyuen the Seamen that Tob, they were carr)ring away; & th*
looking uppon some of the s** Tob, hee sayth th* it was sownd & of a
good coulor, & further sayth not. James Veitch.
Robert Cornish deposed in open Court sayth That the hogshead of
Tob now in dispute was damnifyed ; L)ring in the Tobacco howse one
whole summer uppon the grownd, w*** one head out, & part of the
Tob. out allso.
George Mackall Jurat idem quod Rob* Cornish Supra, This suite
is dismissed, & Ordered That each pay their owne Charge, in Con-
sideradn of their neglect.
London v. Know all men by these p*nts th* I John London for diuers good &
John Reade ,,, «%,.,. , .^tt
p. 363 ualuable causes & Consideraons mee thereunto moumg doe by these
p*nts constitute ordaine & appO)mt my trusty and welbeloued ff reind
William Coursey to bee my true & lawf ull Attorney for mee & in my
name to sue John Reade & what my Attorney shall lawfully doe, I
by these p*nts ratify & confirme John London.
The plf s Attorney sheweth in Court An accompt of Seuerall goods
w** the deft tooke up of the plf , amounting to 760* Tob. The deft
acknowledgeth the s** accompt. And confesseth Judgm* for Seauen
hund** & Sixty pownds of Tob tmto the pK in open Court.
The Court adiomed by the Gouemo'' till to morrow morning att
9 a Qock.
ffriday 2** of March as afore.
All present as yesterday.
March 2 This Day came Will" Battin & acknowledgeth Judgm* for One
Battin Thowsand nine hund** & ffifty pownds of Tob & Cask to bee payd att
Pickyawaxent on the last day of October next to M' Joseph Rock, or
his Attorney. And is in satisfaction of a Judgm* or Order of Court
yesterday had & obteyned agst him the s** Battin by the s** Rock for
Vid. fol. 354 fiueteene pownds, seauen shillings & nine pence sterl. as is conteyned
in the s** Order afores**.
Cooke V Came Cap* Miles Cooke & assigneth ouer unto Philip Caluert Esq*"
Vid.^oL 356 That Judgm* yesterday had, agst Humphrey Attwicks for One Thow-
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Provincial Court Proceedings, 1659. 365
sand seauen hund**, sixty & one pownds of Tob & Cask, as in the s** Liber
Order appearth. ^' ^' ^
The dft not being p*nt in Court, nor the ptf , but by his Attorney, It M*- John
is therefore Ordered th* this Cause be respited till next Prouinciall IfchS^L^c
Court
To the hon"* the Gouemo'' & Councell &c :
The humble Pet"* of Thomas Manning Sheweth, That whereas Manning v.
Robert Simkin is indebted to yo' Pet^ 544* Tob & Cask by Bill & ^^^
Thomas Cole hath receiued the Estate of the s** Simkin to pay his
Debts, Yo' Pet*" himibly craues an Order agst the s^ Cole for the s^
Debt w*** Costs of suite & damages, & hee shall pray &c
These p*nts wittnesseth th* I Thomas Cole, being arrested att the
suite of Tho: Manning in an accon of the Case att a Prouinciall
Court houlden att Maryland att the howse of Thomas Gerard, Know
yee th* I the s** Thomas Cole doe hereby appO)mt my trusty & wel-
beloued ff riend Will" ffuller to answere the s** suite & to pleade my
cause. And whatsoeu' my s** Attorney shall doe therein, I doe by
these p*nts ratify, allow, & confirme. Wittnes my hand this 14*^ of
fFebruary 1659. The marke of
Wittnes hereunto Olyuer S rye Thomas T [Cole]
The pif Sheweth ouer & aboue then what is mentioned in his Pet", p. 364
That This ffowre hund^ ffowrty ffowre pownds of Tob. hath beene
due to him from Rob* Simkin euer since An® 1652 according to the
s** Simkins Bill.
Cap* Sampson Waring Swome in Court Sayth That the deft
possessed himself e of the s^ Simkins Estate, & of one hund** Acres of
Land belonging to him.
The deft by his Attorney acknowledgeth Judgm* for the fores**
summe of Tob, Prouided the pif be content to pay himselfe out of a
parcell of Land Lying in Patowmeck Riuer, & belonging unto him.
To w** the pif doth agree. And it is further agreed & consented unto
That the s** Land bee sold by an inch of Candle. And the surplusage
ouer & aboue his Debt, (when sold) the plf to deliuer to the deft.
To the hon^ the Gouemo' & Councell &c :
The humble Pet" of Gregory Murrell most humbly Sheweth That Murrell v.
one M*" Nicholas Morris of Verginia, about Two yeares since did gj^"*^'
arrest yo' Pet*" in an accon of Debt, & the teno' of the writt running
w*** out bayle or mainprize yo"" poore Pet*" was enforced to lye in
prison 102 dayes before the day of tryall. And when yo*" Pet*" ap-
peared, not any p*son appeared for the pif. Whereby yo' Pef ob-
teyned a nonsuite w*** Costs, Now since w** time the s** M' Nicholas
Morris hath arrested yo*" poore Pet' againe. And hath employed M'
S3mion Ouerzee to bee his Attorney ; who hath undertaken the same.
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366 Provincial Court Proceedings, 1659.
Liber But the s** M*" Ouerzee not appearing yo*" Pef humbly craues order
^' • agst the Estate of the s^ M' Ouerzee for his charge & dammages ac-
cording to an Order of the Prouinciall Court & published to the
intent to preuent such inconueniences, W** yo' Pet' certainly knows
the s** M*" Ouerzee could not be ignorant of, The premises considered
yo*" poore Pef himibly craues Order agst the s** M*" Ouerzees Estate,
Or to be directed agst whom yo*" Pet' ought iustly to requyre eyther
according to Law, or good Conscience.
The s** M' S3rmon Ouerzee dying (in a manner) sodenly, not
Vid. fol. 213 making any Will, & noe one yett hauing taken out Ires of Admis-
traon. And That Order mentioned in the Pet" read & perused.
Ordered, The Pet' Nonsuited
To the hon"* the Gou' & Councell &c:
Wright V. The humble Pet" of Richard Wright Merch* Sheweth That Rich-
^ ard Lee Carpenter stands indebted to yo' Pef by ace* 1200* Tob &
Cask And 25 dayes worke to Charles Carpainter, whom yo' Pet' is
impowred by to sue him the s** Lee. And yo' Pet' further Sheweth
That hee agreed w*** the s** Richard Lee for the building of an howse
the 23^ of Septem' 1658, as by the s** Agreem* appeareth, & th* the s**
Lee hath not p*f ormed his Couen* in th* agreem* to yo' Pef* dammage
of 2000* Tob, yo' Pet' therefore most humbly desyres the s** Lee may
bee to satisfy him his accS & dammages afores**, & hee
shall pray &c :
p. 36s The deft uppon default of appearance being lawfully Summoned,
& the Writt Returned by the Sheriffe Executed.
The pif is admitted to make Oath to his ace*.
Richard Lee Carpent'
Deb'.
.
To one hatt
200' Tob. Cask
To 2 payre of shooes
050
To I payre of ditt. for Rich : Rise
025
3 payre of wosted stockins
150
I payre of ditt : att
050
2 payre of Irish hose
028
i a gall of drams
03s
I payre of wosted hose for Ed : Williams
050
2 gall Runletts of drams
140
I drinking Cup
012
To M' Peter Ashton for Court charges
160
To Peter Jennings for yo' busines att
James Towne
300
Some
is 1200
p' Rich: Wright
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Provincial Court Proceedings, 1659. 367
And uppon Oath made by the pif , th* his s^ Accompt is true & Liber
iust, & That hee neu' yett receiued satisfaction, It is Ordered th* ^- ^' ^
the pif haue Judgm* agst the deft for the s** some of Twelue hund^
pownds of Tob. & Cask.
M' Richard Lee, & Richard Wrights Condicon ffor the building
of a Twenty fine foote howse square] w*** a Cellar fowre foote in the
growndj The Posts to stand uppon groundsells all Locust] w*^ sum-
mer & small Joyce I The first roome to be the pitch of the hall,
wherein I Hue now or thereabouts my Cellar to bee six foote, Light,
& other Conueniences to it| The Roome of the hall pitch, to bee
layd w*^ sawen boards, the same to bee lathed, to be playstered. The
upper Roome to be layd w*^ splitt boards iojmted close, w*^ a window
out of each side. And the stayres to goe up att the end, the same to
bee seald, Two Qosetts & Chimney to bee in the hight pitcht roome,
a Porch w*** windows to iett out of the roome, flfurther I the s^ Rich-
ard Lee doth bind my selfe & assignes to p*forme the aboue men-
tioned Condicon unto Richard Wright or his assignes. And further
& the s** Richard Wright doth bind my selfe & assignes uppon the
finishing the aboues^ to pay unto M' Rich : Lee Eight pownds sterling
in goods att the first penny; & th* the s^ Lee shall not stay for any
help, th* the s** Wright can make of those hands hee hath att home.
And if the s^ Lee shall doe any thing as sawing or mawling or felling
that the, s** Wrights poeple cannot doe, then the s^ Wright to satisfy
the s^ Lee for the same. In wittnes whereof wee haue sett our p. 366
hands, September the 23*^ 1658
Rich : Lee Rich : Wright
Testes iflFrancis Clay Rice Maddocke.
Vppon dammage of the pif susteyned. The deft not hauing
p*formed according to his Condicon & agreem*. It is Ordered th* the
pif haue Judgm* allso for Two Thowsand pownds of Tob.
Whereas the pif hath petitioned the Board, Shewing th* the deft Cap* Miles
is indebted unto him 1800* Tob, for a Seru* & other goods bought M?^Rot[^
of him, of w*** the deft hath payd him 1038* Tob, soe that there re- Qearke
maynes from the deft, to the pif to ballance 762* Tob.
The deft sayth th* Cap* Samuel Tilghman oweth him 706* Tob,
w** hee is willing to assigne him ouer, for his satisfaction.
James Langworth swome on the behalfe of the deft, Sayth th*
in his p^sence uppon ballancing an ace* of about Eleauen hund^
pownds of Tob betweene the deft & Cap* Tilghman, say sometime in
ffebruary last, that hee would pay 700* Tob, remayning due uppon
the Ace* to the deft.
To w** the pif sayth That if Cap* Tilghman will pay him ready
Tob, hee will accept it, But is not content to take goods for his
Debt.
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368
Provincial Court Proceedings, 1659.
Qocker v.
Gwythcr
Liber And the deft acknowledging the Debt, It is Ordered th* the plf
• ^- *^ haue Judgm* agst the deft for seauen hund** sixty Two pownds of
Tob. as is demanded.
Exeq"* issued Eod die to the Sheriffe of S* Maries County ad
Satisfaciend" uppon the Estate of the pif according to the Order.
To the hon"* the Gouemo'' & Councell &c:
The humble Pet" of Daniel Qocker Sheweth, That Cap* Nicholas
Gwyther High Sheriffe of S* Maries County wrongfully w*** out any
iust reason or cause detaines uppon his hands Seauen hund** Ninety &
fiue pownds of Tob & cask, w^ he was oweing & still doth owe for
worke done by yo' Pef for him. He humbly therefore desyres, th*
the s^ Cap* Gwyther may be f orthw*** requyred by yo' hon" Order to
pay yo' Pef his s^ Tob, as in all iustice & Equity hee ought to doe.
And yo' Pet' shall pray &c :
Vppon the demand & Pet** of the plf , The deft sayth That the pKs
Wife was committed into his Custody ffor ffelony the last yeare, &
brought to her tryall for the same, & therefore for his ffee of her
imprison*, & other ffees in th* busines he detejmeth the Tob, And
conceiues th* the plf ought to pay & satisfy the same.
The Gouemo' requesteth the Councell to deliuer their Judgm**
severally herein. Co* Vtye, That his L^ is to pay the ffees to the
Sheriffe, whenas his L^ receaues the benefitt off ffelons
Estates.
M' Baker Brooke. The same. Except the Law of England order
Co** Jno Price. The same, ut Supra.
M' Tho : Gerard. On his L^, Vnlesse there bee some Law or presi-
dent to the Contrary in this prouince.
D' Barber. The same w*** M' Gerard.
The Judgm* of the Board is that the deft ought not to detajme or
stop the pifs Tob, uppon that Consideraon. Ordered therefore th*
the deft pay unto the pif seauen hund** ninety fiue pownds of Tob,
according to his demand.
To the hon"« the Gouemo' & Councell
Re The humble Pet" of Nicholas Gwyther Sheriffe, Sheweth, That
^^^"^^^^p^ according to a writt directed to him hee layd an Extent on Cap*
Will" Lewis Land att Portoback. And likewise serued an other
Writt of Partition on the Land of D' Luke Barber, & M' Walter
Hall, And was att some charge therein, by reason the Poeple warned
by him lyued far distant. His humble Request is that this Court will
determine & appojmt what ffee the Sheriffe shall be allowed for
seruing Writts of th* nature, & he shall pray &c :
It is hereuppon Ordered by the Board That the Sheriffe bee
allowed ffor his Executing Writts in this kind (Viz) ffor euery
p. 357
V
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ProTnncial Court Proceedings, 1659. 3^9
seuerall p*son warned irf Tob. And for euery seuerall Retume other Liber
10* Tob. And the Charge of attendance, & dyett of the Juro", w*** ^* ^- ^
the Sheriffs dyett allso, ouer & aboue that ffee.
The pif sheweth how th* uppon seuerall accompts & Bills to his Co**
ffather, & him, James Pearce Deceased, was indebted; & that there v^eT^^
remaines still to ballance 1760* Tob. Tames
And the deft being Admistrato** to the s** Pearce the plf cranes Admr of
Judgm* agst him for the s** Debt. And the plf making Oath to his ][?™^*
s** accompt.
It is Ordered th* the deft pay unto the pif Seauenteene hund** &
sixty pownds of Tob. & Cask, according to his demand.
The pff not appearing eyther by himself e or Attorney, The deft Peter Yeatcs
Craues a Nonsuite, W*^** was graunted. M^si^^
The deft being lawfully summoned by Writt of Scire facias & John
not appearing eyther by himself e or Attorney, It is Ordered th* the awot Hwiry
pif haue Exequuon for ffowre hund** pownds of Tob, besides Costs Coursey v.
of suite, according to the s** writt, & former Judgment. \ad fol^i
To the hon"* the Gouemo' & Councell &c :
The humble Pet** of Richard Smith Humbly Sheweth That yo' Smith v.
poore Pet' hath bene extreamely damnifyed by a uexatious suite ^**^
Commenced agst him in this hon"* Court by Cap* Will" Battin, w*^
false imprisonm*: being a close Prisoner during the space of Two &
fifty dayes. By w** meanes hee hath not only bene uniustly re-
strayned in his liberty but allso lost his whole winters imploym*,
euen to the utter impouerishing yo' poore Pet'. And extreamely p. 368
charged in hyring passage & hands into Virginia to procure testi-
monies to cleare himself e from th* sad & most iniurious restraint, for
the space of one & twenty dayes, ffurther the s** Cap* Battin hath
stopped thereby his retume for England to his great preiudice & what
goods & seruants hee transported, are eyther undisposed of, or what
are putt of for pay, the Debts are yett unsatisfyed & unreceiued. By
w*** nieanes hee cannot hope to make any retume this yeare thereof.
And allso fowrty shillings for the procurem* of Two seruants:
w** hee bownd by assignm* to the s** Cap* Battin for the Consideraon
afores*^ in England the latter end of Augfust last & yett unsatisfyed.
May it therefore please this hon"* Court, the premises into their
serious & most tender Consideraon to take, & bee pleased to graunt
him a Jury to consider of the whole dammages, costs, charges, &
expences thereby incurred together w*** the fowrty shillings, w** hee
engaged unto yo' Pef to pay, as before exprest, as by ace* may ap-
24
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370 Provincial Court Proceedings, 1659.
Liber peare. And Order Cap* Battin to make him satisfaction, according
P. C R. ^Q Equity & Conscience, & his shall eu*^ pray &c :
Whereas Richard Smith pif hath petitioned this Court Shewing
that hee hath bene extreamely damnifyed by Cap* Will" Battin deft,
w*^ false imprisonm*, being kept close Prisoner 52 dayes (as is more
att large conteyned in his s** Pet") And further demands fowrty
shillings as a Debt due to him from the s** Battin. And thereuppon
craues that a Jury be impanelled, to consider of his dammages.
The deft desyres to be tryed by the Board in Equity, & not by a
Jury. And euidenceth to the Board, That the pif tooke out of the
defts Cellar in Bristoll, a ffeatherbed, pillow, 2 blanketts, a Rugge, &
a payre of Red drawers, & still retaines the same, & therefore com-
menced suite & tooke out writt agst him.
The pif sayth That hee hath the Bed & blanketts, & th* hee is in-
debted for them to the deft, & offers to make paym* therefore.
Anne Rawser swome in open Court in ditt, Sa)rth That shee was
bownd in England to Richard Smith, & the s** Smith assigned her
Indenture ouer to M"" Battin ; whereuppon shee knew not well who
was her Master, And as to the Bed, Shee sayth. That Richard Smith
had the same
Vppon the Euidence produced, & acknowledgm* of the pif. The
Judgm* of the Board is (noe false Imprisonm*)
And thereuppon the deft craues a Nonsuite agst the pif, W** was
graunted by the Board.
Re Fox's Whereas att a County Court held att New Towne for the County
^^^ of S* Maries, on the 14*** day of ffebruary last past. The Commis"
then present fownd Cause to Order Walter Hall to exhibite his
Accompt of the Estate of the Orphan of Henry ffox late of New
Towne in the County afores** Plant' Deceased to this Prouinciall
Court according to the Act of Assembly in that Case prouided, under
p. 369 the paine, or penalty of Tenne Thowsand pownds of Tob & Cask, as
by the Order afores** may appeare.
The s** Walter Hall appearing att this Court, And hauing neuer
yett taken out letters of Admistraon.
It is therefore Ordered that the s** Walter Hall take out Ires of
Admistraon of the Estate of Henry ffox afores** deceased & giue in
security according to forme of Law, And an Accompt betweene this
& the next Prouinciall Court.
The Court adiomed by the Gouemo' till to morrow 1 1 a Qock
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Provincial Court Proceedings, 1659. 37 ^
Saturday 3® March 1659 ^s afore. Llbcr
P. C. R.
All p*nt as yesterday. March 3
Whereas Nicholas Gwyther Sheriffe of S* Maries County hath
peti[ti]oned this Board, Shewing how th* One Richard Galey (who Re Galcy
came w^ the Ship S* George into this Prouince) was by Order of the
Gouemo' & Councell banished & Ordered not to retume into the Vide 3 Md.
prouince againe w*** out speciall lycence, as by th* Order of Court may ^j ' ^""'
appeare. And whereas the s** Galey returning againe into the prou-
ince w^ in his limitted time of banishm* w*** out lycence, & com-
mitting some misdemeano'* was therefore committed to the SheriiflFs
Custody, where hee remajmed Prisoner about three months, & then
dyed. The s^ SheriiflFe finding him dyett, lodging & other necessaries
att his owne Charge all the time of his imprisonm* : And then att his
Death decent & Christian like Buriall, ffor all w** hee receiued noe
jflFee, or other satisfaction, the s** Galey being not resident here, nor
hauing any Estate or ffortunes in this Prouince.
It is Ordered That it be referred to the Assembly, And the howse
to make Order for such matters, in this & the like Cases.
These p*nts wittnes That I Nathaniel Vtye Merch* doe assigne Widcs v.
& make ouer unto Joseph Wicks of the He of Kent Two men Ser- ^^^
uants named ffrancis Brooke & Thomas Brooke for the time &
tearme of ffower yeares. As wittnes my hand this 3** of March 1656.
Wittnes Henry Meese Thomas Ward. Nath Vtye
Vppon the motion of Cap* Joseph Wicks Hf, Concerning Two
seruants bought of Co** Nath: Vtye deft, The s** deft uoluntarily
ioyned issue w*** him.
And thereuppon the plf produceth his Assigm* or noate of the s^
Two seruants from the deft to him, & Craueth the Judgm* of the
Board touching the same.
The Judgm* of the whole Board is That those Two seruants as-
signed ouer to the pif by the deft, according to th* noate for flfower
yeares ; The Board understandeth iflFower yeares apeice.
And for that one of the s^ Seruants is allready iflFree, & the other vid. fol. 348
likewise hath petitioned att this p*nt Court for his ffreedome allso, P- 37o
Soe th* one whole yeare is remajming of th* Seruants labo*" due to
the pif w*^** is allready ffree. In Consideraon of w** yeares Seruice
It is Ordered th* the deft pay unto the pif One Thowsand pownds of
Tob, att the next Crop.
Thomas Gerard Esq"" Sheweth That hee was summoned to appeare Gerard v.
att a Court held in Caluert County (1658) 5*** of Octob^ by John Lord ^^^
Lord, And the s** Lord not appearing att th* Court ; The s** Thomas &* *
Gerard obtejmed a Nonsuite agst him w*** Charges of attendance. V*^* ^^^ ^
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372 Provincial Court Proceedings, 1659.
Liber Hee humbly therefore craues the opinion & Judgm* of this Board,
P. C R. ^hat hee shall be allowed for his Attendance, molestaon, & nonsuite.
Ordered th* the s** Tho : Gerard be allowed for his s^ attendance
& nonsuite ffiue hund** pownds of Tob.
Utyc V. Robert Clearke Esq' his L^* Surveyo"" Grail (att the request of
^^ Co* Nathaniel Vtye) Sayth uppon Oath in Court, That according
to the s** Co** Vtyes Order & according to a war* that he had to
suruey Land to Philip Thomas. Hee did suruey the same, adioyning
to his Land where hee now Hues. And the next day, when hee
came to finish his suruey, & went to the place to doe it : The s** Philip
Thomas sayd hee would not haue the Land. And soe discharged this
Depon*.
Capt Whereas the pifs tooke out writt of Attatchm* agst the Estate of
Warinff ^d Cap* Will" Mitchell deceased 25** of Aprill last. Ret att the Prouin-
V t^^ ^^^'' Court following, the ffowrth day of Octob^ for 2000* Tob,
^'^Caot W*'*' Attatchment was att th* Court held 7^ Octob** continued, &
^'^tete ''^P^^^^ ^^'' ^his Prouinciall Court And the Admistrato** to the s^
Vid. foL 264 Mitchells Estate, not appearing eyther att the last Prouinciall Court,
& f ol. 320 Qr att this Court, & being in due Order called
Judgm* is graunted unto the pifs agst the defts Estate for Two
Thowsand pownds of Tob, according to the s*^ writt of Attatchm*.
Gerard \. Vppon the motion of Thomas Gerard Esq** to the Gouemo' &
Lindscy Councell Shewing how that hee formerly commenced suite agst M'
Vid. fol. 204 Richard Willan & M' James Lindsey concerning his tytle to Snow
ft fol. 123 Hill. And att the Court houlden att S* Maries 2** of March 1658
Philip Caluert Esq"" concerned in th* cause appealed to his L^ in
England. And his L^* Determinaon of the Cause betweene him, &
the fores** p''ties being sent in from his s** L^ hee humbly Craueth the
Judgm* of the Gouemo' & Councell to declare whither th* Determi-
naon of the Cause as afores^, shall bee entred uppon Record, as a
iiinall Determinaon of the Cause Yea or noe?
P-37I And uppon some quaere Whither an Appeale was admitted or
graunted for the Determinaon of the whole Busines, or only for his
LP to declare where his L^* manno*^ of Snow Hill is. The Clarks
f owle noates being called for, & read ; Where, these words following
are not inserted in th* former Order, nor sent to his L^ in England
(Viz)
" The pif makes appeare to the Court That his Wife is the next
heyre th* appeareth in this Prouince, being Sister to him that tooke
up the Land now in dispute. And the pli is admitted by the Board to
be heyre att Law in Right of his Wife till a Brother (there being Two
yett supposed to bee lyuing) makes claime of the same."
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Provincial Court Proceedings, 1659. 373
And being putt to the Vote. The Judgm* of the Councell is M' Liber
Baker Brooke Not, because the whole business was not sent home ^' ^* ^
to his LP.
M*^ Rob* Qearke Not, ffor the same reason.
Co* Nath : Vtye, Not, The Busines being not fully sent home, nor
Appeale graunted for to haue the whole busines determined con-
cerning the Land : But only where his L^* Manno' of Snow Hill is.
Co* John Price. Noe finall Determinaon.
D"" Ltike Barber The same.
Gouemo''. Noe final Determinaon.
But Ordered to be entred uppon Record, though not as a ffinall
Determinaon.
And further Order^, That Summons issue, to M' Richard Willan
& M' James Lindsey Ad audiendu" Judiciu next Provinciall Court.
The Determinaon of the Cause touching Snow Hill betwixt Thom-
as Gerard Esq** plf , & James Lindsey & Richard Willan defts made
by the Right Hon"* the Lord Baltemore, Lord & Proprietary of
Maryland to whom itt was referred by Appeale. Se + ale
Hauing perused the State of the Case concerning Snow Hill,
Betweene Thomas Gerard Esq' pif, & Richard Willan & James
Lindsey defts, sent unto Vs by way of Appeale ffrom Our Prouinciall
Court of Maryland, And finding it not proued by the plf that Susan
his Wife in whose right hee claimes, as heyre att Law to her Brother
Abel is heyre to Abell Snow, but are fully satisfyed by the notoriety
of the thing, that shee is not, hee hauing a Brother or Brothers of
the whole Blood yett lyuing. And finding th* the s^ Land was iflFor-
feited to Vs by the Act for Deserted Plantations.
ffor by the Coppie of the Record sent unto Vs, & attested by the pif
wee find that the pif entred his Claime to the s^ Lands as heyre att p. 372
Law in right of his Wife & Children not untill the Twentith of March
One Thowsand Six hund^ ffifty one. And that by the Act for De-
serted Plantaons he ought to haue entred & made his Qaime good &
payd all arreares of Rent before the ffiue & Twentith of March One
Thowsand six hund** ffifty one W** according to the English ac-
compt w*** begins the yeare of Our Lord on the ffiue & Twentith of
March, & according to the true intent and meaning of the sayd Act,
was neere a yeare after it should haue bene done, and that the sayd
Land was accordingly seized by Vs, and graunted to the defend**.
Wee doe Determine that the Plantiffe hath noe Title to the sayd
Plantation Gyuen under Our hand and Scale att Armes this Eleau-
enth day of August One Thowsand six hund** ffifty and nine
C : Baltemore.
The Court adiomed by the Gouemo^ till munday morning att
ii a Clock
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374
Uber
P.CR.
March 5
Provincial Court Proceedings, 1659.
Mtinday 5*** of March 1659, ^ afore.
Re Mutt's
Vessel
Pnt«
Josias jflFendall Esq^ Gouer^. 1 M*^ Thomas GerardICo** Nathan : Vtye
Philip Caluert Esq^ Seer. J M^ Robert Clearke J M' Baker Brooke.
To the hon^** the Gouemo*^ & Councell.
The humble Pet" of the Subscribers Wee yo"^ Pet" desyre th* yo'
hon** will be pleased to consider our trouble & paynes wee tooke in
taking M*" Hutts Vessell, being yett unsatisfyed allowing us satis-
faction for our s^ paynes & trouble, & yo*^ Pet" shall euer pray &c :
Richard Morris Thomas Jaruise John Ward Peter Carre Robert
Willson fower dayes
John Dowglas Will" Craford Henry Peere ffiue dayes
Hugh Neale Daniel Johnson Samuel Parker Eight dayes
Ordered uppon the Pet" that the Seuerall Pet" haue Twenty
pownds of Tob a day allowed them out of the profitt or price of the
s^ Vessell.
P-. 373 Co** Nathaniel Vtye demands writt of Attatchm* agst the Estate of
Thomas Philip Thomas for 1800* Tob.
Estate ^ritt to the Sheriffe of Anarundell County to attatch &c: Ret
next Prouinciall Court to be houlden
Utye y. Co** Nathaniel Vtye demands writt of attatchm* agst the Estate of
"Stete Richard Tumey for 2500* Tob :
Calvert v. Philip Caluert Esq' dds writt of attatchm* agst id, for 1000*.
Brctton Will" Bretton, dds writt attatchm* Conf. Id. for 1000* Tob.
daf ke V _
Bretton Robert Qearke dds writt attatchmt Contra Id for 365* Tob.
[There are Finis Anni 1659
no records ™.-i« r- 1 ^
from this Philip Calvert,
date to
December 11
but the
paging is
continuous]
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Provincial Court Proceedings, 1660. 375
PHILIP CALVERT, GOVERNOR. Liber
P. C P.
Anno 1660. 1660
At a Prouinciall Court held at Robert Kingsberryes at Patuxent p. 374
the Eleuenth of December 1660
Present Phillip Calvert Esquier Gouemor Henry Coursey Esquier
Secretary, M' Baker Brookes, M' Robert Clarcke & M' John Bate-
man.
Was then Read the Instruccons from his Lo^ the Lord Proprietary Governor's
for tendring the Oath To the Gouernor w** is as f olloweth vizt Item ^^ ^^
I Doe hereby authorize Baker Brooke and Henry Coursey gent or Arch. Coun.
either of them to administer in open Court the Oath of our Lieuten- ^^1
ant of our said Prouince of Maryland, and also that of our Chan-
cellour there to our Deare Brother Philip Calvert Esq"^, whom wee
haue lately Constituted in these two places, And Wee Do also hereby
authorize our said Brother to Administer the Oath of a Councellor
there in open Court to such as hee hath or shall according to our
Commission to him make of our Councell there who haue not form-
erly taken the same, and Wee will and require you to take Care that
the said Respectiue Oathes be duely and tymely administred there
accordingly.
London 16*^ of September 1660 Signed C : Baltemore.
And according to the said Instruction the said M' Henry Coursey
and M"" Baker Brookes tooke the said Gouemors Oath w*^** foUoweth
in these words (Viz) I Philip Calvert do sweare that I will be true
and faith full to the Right Honno"* Caecilius Lord Baron of Balte-
more the true and absolute Lord and Proprietary of this province of
Maryland and his heires, and him and them and his and their Rights
Royall Jurisdiction and Signiory all and euery of them, in, to and
ouer the said Province, and Hands therevnto belonging will at all
tyme defend and maintaine to the uttmost of my power, and will
neuer accept of, nor execute any place Office or imploym* within the
said Province any way conceaming or relateing to the Gouemment of
the said Province from any person or authority, but by, from or vnder
a law full authority deriued or to be deriued from tyme to [tyme]
vnder the hand and Seale at Armes of his said Lo^ or his heirs or As-
signes Lords and Proprietaries of the said Province I will faithfully
seme his said Lo^ as his Lieutenant of the said Province, And in all
other Offices committed to my Charge by his said Lo^* Commission
or Commissions to me, and will willingly yeild vp the said Commis-
sion and Commissions againe, and all Offices powers and authorityes
granted or to be granted by them or any of them into the hands of his
said Lo^* and his heires and Assignes, or to such person or persons,
as hee or they shall appoint whensoeuer he or they shall appoint me
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3/6 Provincial Court Proceedings, 1660.
Liber soe to doe, and shall signify the same vnto me in ... . tting vnder
P. C R. i^jg Q^ ^j^^jj. i^j^^j ^Q p^^ j^ execution or attempt to execute any
P- 375 Office power or authority granted vnto me by any of the said Com-
mission or Comissions after that his said Lordship or his heires or
Assignes Lords and Proprietaryes of the said province shall repeale
them or any of them respectiuely by any writting vnder his or their
hand and Scale at Armes, and that the said repeale be published
with in this province, I will Doe equall Right and Justice to the poore
and to the Rich within the said province to my best skill Judgment
and power, according to the lawes and Ordinances of the said Prov-
ince, And in default thereof according to my Conscience and best
discression, and the power granted or to be granted to me by his
said LoP* Commission or Commissions I will not for feare fauor nor
affection, or any other cause lett hinder or delay Justice to any, but
shall truely execute the said Office and Offices respectiuely according
to his said Lo^* Commissions to me in that behalfe, and to the true
intent, and meaneing thereof, and not otherwaies to the best of my
vnderstanding and Judgment, I will not knowe of any attempt against
his said Lo^* person or his Right or Dominion, in, to or over the said
province and the people therein, but I will prevent, resist, and oppose
it, with the uttermost of my power and make the same knowne with
all Convenient speede to his said Lo^*, And I will in all things from
tyme to tyme as Occasion shall require faithfully Copicell and aduise
his said Lo^ according to my heart and Conscience, And Doe further
Sweare that I will not by my selfe nor any person directly or in-
directly trouble molest or discountenance any person whatsoeuer in
the said province professing to belieue in Jesus Christ for or in
respect of his or her Religion, nor in his or her ffree Exercise thereof
witfiin the said province. Soe as they be not vnfaithfull to his said
LoP or molest or Conspire against the Ciuill Gouemment Established
here vnder him nor will I make any difference of persons in con-
ferring Offices Rewards or ffauors proceeding from the authority
which his said Lo^ hath conferred upon me as his Lieutenant here
for or in respect of their said Religion respectiuely, but meerely as I
shall find them faithfull and well deseruing of his said lo^, and to
the best of my vnderstanding endowed with morall virtues and abilli-
ties fitting for such Offices rewards or fauors wherin my prime
ayme and end from tyme to tyme shiall sincearely be the advance-
ment of his said Lo** service here, and the publick vnity and good of
the Province without partiallity to any, or any other sinister end
whatsoeuer. And if any other Officer or person whatsoeuer shall
during the tyme of my being his said lo^* Lieutenant here without
my consent or privity molest or disturbe any person within this
Province professing to belieue in Jesus Christ, meerely for or in
respect of his or her Religion, and the ffree Exercise thereof. Upon
notice or Complaint thereof .... power and authority to relieue
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Provincial Court Proceedings, 1660. 377
and Protect any person soe molested or troubled whereby hee may Liber
haue right don him for any damage which he shall suffer in that p'^^
kind, And to the uttmost of my power will cause all and euery such
person or persons as shall molest and trouble any other person or
persons in that manner to be punished I will faithfully seme his lo^
as his Channcellor and Keeper of his Great Scale of the Province
comitted to my charge and Custody of his said Lo^** Commission to
me, to the best of my skill and vnderstanding. I will cause the
impression in wax of the said Scale to be affixed to all such things as I
haue or shall from tyme to tyme receiue Comission or Warrant for
soe doing from his said Lo^ under his hand and Scale at Armes, and
that it shall not be affixed to any other writting or thing whatsoeuer
directly or indirectly with my privity Consent or knowledge I will
doe my best endeuour carefully to preserue the said Great Scale in my
Custody soe long as it shall please his said lo^ to continue me in the
Charge and keeping thereof, to the end that it may not be lost stoUne
or vnlawfully taken from me, and whereby any other person may
affix the impression thereof vnto any writteing or thing whatsoeuer
without authority for soe doeing lawfully deriued oi to be deriued
from by or vnder a Commission or warrant vnder his said Lo^* hand
and Scale at Armes, And that I will truely and faithfully deliuer up
againe the said Great Scale into the hands of such person or persons
as his said Lo^, or his heires shall appoint when his or their pleasure
for that purpose shalbe signified vnto me vnder his or their hand and
. Scale at Armes, Soe helpe me God and by the Contents of this Booke.
And after the said Henry Coursey tooke the seuerall Oathes of a
Councellor and Secretary as foUoweth
The Oath of a Councellor of State in Maryland Counsellor's
I. A. B doe sweare that I wilbe true and faithfull vnto the Right [vide 3 Md.
honno^'* Caecilius Lord Barron of Baltemore the true and absolute ^^^^' ^®"°-
Lord and Proprietary of this Province of Maryland, and his heires,
and him and them, and his and their Rights Royall Jurisdiction, and
Siginory all and euery of them in to and over the said Province and
Hands therevnto belonging, will at all tymes defend and maintaine
to the uttmost of my power. And will neuer accept of nor execute any
place Office or imployment within the said Province any way con-
ceaming or relating to the Government of the said Province from
any person or authority, but by from or vnder a law full authority
deriued or to be deriued from tyme to tymt from his said Lo^* or his
heires Lords and Proprietaryes of the Province vnder his or their
hand and Scale at Armes, The Peace and welfare of the People of
this Province I will euer procure [as] farr [as] I can, I will ayde p. 377
and assist the administring and execution of Justice in all things
to my power. To none will I delay or deny Right for feare fauor
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378 Provincial Court Proceedings, 1660.
Ubcr or affection, I will to my best skill, and according to my heart and
P.C.R. Conscience giue good and faithfull Councell to the said Lord and
Proprietary and his heires, and to his and their Lieutenant or Chiefe
Governor of this Province for the tyme being when therevnto I
shalbe called, I will keepe secrett all matters committed, or revealed
vnto me, or which shalbe moued or debated Secretly in Councell, and
faithfully declare my minde and opinion therein, according to my
heart and Conscience, And if any of the said Treaties or Councells
shall touch any of the privy Councellors of this Province I will not
reveale the same vnto him soe touched or Conceamed, but will keepe
the same Secrett vntill such tyme as by the Consent of the Lord
Proprietry or his Lieutenant or Chiefe Gouemor here for the tyme
being publication shalbe made thereof, I will also as a Councellor and
as a Justice and Commissioner for the Conservation of the Peace
of this Province Doe equall Right vnto the poore and to the Rich to
the best of my vnderstanding & Judgment according to the Lawes
from tyme to tyme in force within this Province, And in default
thereof according to my best discression. And gennerally in all things
will doe as a f Siithf ull Councellor to the said Lord Proprietary. And
I doe further sweare I will not by my selfe nor any other person
directly, or indirectly trouble molest or discountenance any person
whatsoeuer in the said Province professing to belieue in Jesus Christ
for or in respect of his or her Religion nor in his or her ffree Exercise
thereof within the said Province so as they be not vnfaithfull to his
said LoP nor molest or Conspire against the Ciuill Government Es-
tablished here vnder him Soe helpe me God and by the Contents of
this Booke
Secrc*^^ The Oath of the Lord Proprietaryes Secretary in Maryland.
lirch ^Coun ^ ^' ^' ^^ sweare that I wilbe true and faithfull to the Right
218] honnorable Caecilius Lord Baron of Baltemore the true and absolute
Lord and Proprietary of this Province of Maryland, and him and
them, and his and their Rights Royall Jurisdictions Signiories, and
all and euery of them in, to and over the said Province and Islands
therevnto belonging will at all tymes defend and maintaine to the
uttmost of my power, and will neuer accept of, nor execute any place
office or imployment within the said Province any way conceaming
or relateing to the Gouemment of the said Province from any per-
son or authority, but by from, or vnder a law full authority deriued
or to be deriued from tyme to tyme from his said Lo^ or his heires
Lords and Proprietaryes of the said Prouince vnder his and their
hand and Scale at Armes. I will serue him faithfully as his Secretary
in the said Province. To none will I wittingly or willingly delay or
deny Right in what belongeth to my Office or Offices .... matters
578 to be by me recorded without falsification or Corruption for feare
fauor or mallice of any person whatsoeuer to the best of my abillity
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Provincial Court Proceedings^ 1660. 379
and vnderstanding Soe helpe me God and by the Contents of this Liber
booke: ^-^-^
M^ John Bateman tooke then likewise the said Oath of Councellor, Counsellor's
And then was also taken by Peter Bathe the ensuing Oath, Vizt.
The Oath of the Clarke of the Prouinciall Court. Qerk's
Oath
I A B Doe faithfully Sweare that I will serue the Lord Proprie-
tary of this Province of Maryland as Clarke of the Prouinciall Court.
To none will I wittingly or willingly deny Right in what belongeth
to my Office or Offices to doe True Record I will keepe of Judgments
and all other matters to be by me Recorded without falsification or
Corruption for feare fauor or mallice of any person whatsoeuer to
the best of my abillity and Vnderstanding, Soe helpe me God and
by the Contents of this Booke
It is ordered that All Acts and Orders entred in the tyme of the Order for
defection of the Government from his Lo^ being the fifth of March a^s"made in
1650 Be null and of noe force and that the same be forthwith razed, the tyme of
r^ r IT-.* dcfeccon of
and tome from among the Records. the
Gouniment
Then was Read the Petition of Elizabeth Abrahams and the Re Read's
Petition of her husband Isaack Abrahams, w*^** Pet°* are as foUoweth, Esute
(Vizt)
To the Honno"* Gouemor and Councell of Maryland
The humble request of Elizabeth Abrahams is that my husband
Isaack Abrahams should administer upon Thomas Reads Estate who
was my late husband, and dyed without Will
The marke of £ Elizabeth
Abrahams.
To the honno"* Gouemor and Councell of Mar^and
The humble Petition of Isaack Abrahams married the Relict of
Thomas Read who dyed intestat to haue letters of Administration
upon the Estate of the said Thomas Reade And hee shall pray &c.
And thereupon It is ordered that Letters be granted of Adminis-
tration to the said Isaack Abrahams of the Estate of Thomas Reade
deceased.
Cap" Samuell Tilghman by his Attomey M** James Langworth Tilghman y.
demands warr* ag* John Bateman retorn this Court in an accdn of Bat«nan
2000* Tob& Cask
Warrant issued accordingly to the Sherriffe of Calvert Coimty
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380 Provincial Court Proceedings, 1660.
Libcr The plantiffe nor his Attorney appearing, It is referred to the next
P. C R. Prouinciall Court to be holden at S* Maryes the primo Dec 1660
P-.379 John Harris of London marchant by his Attorney M*" Henry
Batanan Coursey demands a warrant ag* John Bateman in accdn of debt of
two thousand fiue hundred Pounds of Tob and Caske.
A lere missive issued thereupon retom to the Prou" G>urt to be
II Dec 1660 holden at Patuxent the 11*^ of December 1660
This Cause is referred to the next Prou" Court to be holden at S*
Maryes the Nynteenth of ffebr next.
4 ^cc. 1660 Giles Sadleir demands a lere of missive ag* John Bateman Adm'
Bateman of Thomas Belcher dec** to appeare at the Prou" Court to be houlden
Adminr ^^ Robert Kingsberryes the 11*** of December following to answere
his suite in accdn of the Case.
A letter missive accordingly issued to the Sherr of Calvert County.
Vwi. p^ Whose Petition being read at this Court, The Judgment of the Court
^* ^ is that the Petitioner should doe the matter in the Petition specified
Ex Officio.
3 1^: 1660 John Bateman Esquier demands a warr* ag* John Anderson in an
V. Anderson action of the Case to the valine of three thowsand fiue hundred
Eighty Nyne Pounds Tob and Caske
Warr* then issued retom to this Prou^ Court the 1 1*** of December
r66o to the Sherriflfe of Calvert County.
u Dec : 1660 Vpon reading of the plantiflFes Petition in presence of both parties
plantiffe and defendant, The defendant haueing confessed the Ac-
compt and the abatement allowed. It is ordered that the defend*
pay vnto the plantiffe the remain being two thowsand Seuen htmdred
and Nynty Pounds of Tob & Cask with Costs of Suite, Execucon
issued 25 Marcij 1660
Yow V. Hugh Yow by his Attorney John Bateman demands a warrant
against John Anderson in an action of debt for 9^ sterling due by
Bill dated the 3^ of May 1658 and payable at a day now past
Warrant inde issued retomable to this Prouinciall Court this
Eleuenth of December 1660 to the Sherr of Calvert County.
And vpon reading of the said Bill, The said Anderson confessed
in open Court the same to be due. It is therefore ordered that the
said Anderson shall pay the said Njme pounds sterling money to the
said Hugh Yow or his order with Costs of suite. Execution issued
25 Marcij 1661
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Provincial Court Proceedings, 1660. 381
James Scapes demands of John Bateman Administrator to Thom- Liber
as Belcher deceased Eight hundred fforty ffower pounds of Tobacco si:^^v
and Caske due to him from the said Thomas Belcher by bill dated Bateman
the second of June 1659, payable the tenth of October then following. ^^™*"''
Vpon reading of the said Bill in Court, and in regard the defen-
dant confessed the said debt to be due It is therefore ordered that
the defend* John Bateman shall forthwith pay the said sume of 344*
Tobacco and Caske with Costs of Suite to the plaintiffe.
John Bateman this 3** of December 1660 demands a warr* to Bateman v.
arrest John Anderson at his suite to appeare at this Prou" Court ^^^^
the 1 1*^ of December 1660 to answere in an action of trespass
Warrant inde issued to the Sherriffe of Calvert County retomable
vt supra.
Then (vizt) 11® Dec 1660 The ensuing Petition was read To
the honno^** the Gouemor and Councell of the Province of Mary-
land. The humble Petition of John Bateman Sheweth that John
Anderson hath much to the damage of your Petitioner twice come
vpon your Petitioners land, and broke up his Tobacco, and there
paid and rowUed away Tobacco not properly his owne, for w^ I [paid may
desire Order for my damage as your honnors shall thinke fitt and I JJiittcn for^
shall humbly pray : 1 1*^ of Dec : 1660. prised]
Signed John Bateman
Vpon reading of w** petition and consideration therof had The
Court thought fitt and haue soe ordered that this Cause be referred
till the next Prouinciall Court to be houlden the Nynteenth of
fFebruary next.
John Whiston demanded a writt ag* Richard Bently in an action g Dec. 1660
of debt of fine himdred and Eight pounds of Tobacco retom to this n^*.f ®" ^'
Provinciall Court : w^ issued accordingly To w** the defendant ap-
peared, and then the ensuing Petition was read vizt
To the honnorable Gouemor and his Councell, The humble peti-
tion of John Whiston. Most humbly sheweth that Richard Bently
Cooper is indebted vnto your Petitioner the iust sume of fine hun-
dred and Eight pounds of good Tobacco and Caske now due as may
by bill further appeare. Therefore your Petitioner humbly desireth
an order for the same. And your Petitioner shall as botmd Euer pray.
And the said Bill was then also read, and the said Richard Bently
confessing the debt aforesaid
It is ordered that an Execution issue ag^ the said Bently at the
plantiffes suite for payment of the said fine hund** and Eight Pounds
with Costs of Suite.
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382 Provincial Court Proceedings, 1660.
Liber Walter Pakes demanded a writt ag* Thomas Hughes Cooper in an
Primo D^ action of debt of two thowsand pounds Tob and Caske retom to this
1660 Prouinciall Court
Warrant issued to the Sherriffe of Saint Maryes County accord-
ingly whereupon the said Sherr retoumed the same executed. And
then at the said Court the 1 1*^ of December 1660 the plantiffes de-
mand for one thowsand Pounds of Tob by Bill .... Pounds of
p. 381 Tobacco and Caske by accompt was by the defandants Attorney
Peter Bathe confessed to be due. It is therefore ordered by the said
Court that the deft shall pay vnto the plantiffe ffowerteene hundred
and Sixty pounds of Tob and Caske with Costs of Suite. Elxecution
issued accordingly
3 D«:. 1660 John Bateman Administrator of the goods Chatties & debts of
AdmSr^. Thomas Belcher deceased demanded a warrant ag* Jane Pauldin
Pauldin James Atkinson and Suesanna his wife for the ffellonious stealing
* ' of the goods of the said Thomas Belcher retom to the said Court 1 1
Dec 1660.
Warrant inde issued the Sherriffe of Calvert County accordingly
W^ being retoumed executed, and the parties appearing in Court It
is ordered that the said Sherriffe of Calvert County keepe them in
safe Custody vntill they giue in Security personally to appeare at
next Prouinciall Court to be houlden at Saint maryes on the
Eleuenth of ffebruary next to answer for the said ffellonious stealing
of the goods of the said Thomas Belcher.
John Vpon the reference of this Court dated the 2g^ of ffebruary 1659
V. Robert in this Cause to the now sitting of this Court
*^ JhDhn ^^ ^^ ordered that a Warrant issue to the Sherriffe of Calvert
Bagby and County to impannell a Jury of twelue men of the Neighbourhood,
* * and authorizing him to sweare them and such wittnesses as shalbe
necessary to inquire which is Saint Nicholas Creeke, and the head
and old path thereof, and whither the same be included in a Pattent
granted by his Lo*^ the Lord Proprietary vnto Captaine Thomas
Comwaleys Dated the 24^ of March 1650 and the proceedings there-
upon to retoume to this Court the first day of its sitting at Saint
Maryes being on the Nynteenth day of ffebruary next, And warrant
issued to the said Sherriffe accordingly signed by Hen Coursey Seer.
Dated 12 Dec. 1660.
I Dec 1660 Peter Joy demands a writt ag* John Neuill in an action of the
Ncvili Case retomable to this Prouinciall Court on the 1 1*^ of Dec 1660.
Warrant inde to the Sherriffe of Calvert County retom ut Supra.
Sub^* issued ag* Philip Conner and Thomas Pouett to testify in
ditt Ca».
II Dec 1660 Both parties not appearing this Cause is non suited
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Provincial Court Proceedings, 1660. 383
Richard Bently viVf Dec 1660 demanded a writt ag* Samuell Liber
Graues to appeare the ii*** of December following to answere in an B^ii?*v.
action of debt Graves
Warrant inde issued to the Sherriffe of Calvert County retom
Court vt supra.
The humble Petition of Richard Bently, Sheweth that Sam Graues p. 382
is indebted to your Petitioner two hundred Eighty Seuen pounds of
Tob by accompt, humbly Cranes order with Costs, And he shall
pray &c and 195* of Tob.
The Plantiffe Richard Bently being swome to his accompt and
the defendant Samuell Graues owneing an accompt to be due to the
ph. It is ordered by this Court that the defend* shall pay to tne p**
ffower hundred and Seventeene pounds of Tob and Caske (with
Costs of Suite) w*^** appeared to be due.
Ignatius ffenwick came this day and Chose Baker Brooke Esq' " I>cc 1660
for his Guardian. Foiwickv
Guardian
To the honno**** the Gouemor and Councell for the Province of Re
Maryland F^^"*''
The humble Petition of Nicholas Guyther
Humbly sheweth that your Petitioner the last Prouinciall Court
was ordered that the ffees relateing to the imprisonment of Mary
Clocker &c. were to be paid out of his Lo^* Revenue, And whereas
the Assembly then sitting in the same Case with John Williams and
his wife did order the fees due from them to be paid out of that
County wherein they were attainted.
Now The humble request of your Petitioner is to haue the Judg-
ment of this Court where the said ffees for imprisonment as afore-
said shall iustly accrew. And your Pe4' as in duty bound shall euer
pray.
The Petitioner is to be satisfied out of Saint Maryes County when
he shall bring in his accompt to be leuyed with the publick leuyes.
To the honno**** Gouemor & his Councell for the prouince of Sadler v.
Maryland ??f-^„,
The humble Petition of Giles Sadlier fo:^o^"^
Most humbly sheweth that whereas John Bateman Esq' Adminis-
trator of the Estate of Thomas Belcher deceased Did comand your
Petitioner to call a Court by vertue of the said Batemans warrant
issued the 25^ of December past for the which paines and dilligent
Care in the execution thereof your Pet' demanded satisfaction of the
said Bateman who refuseth to make me your humble Petitioner
satisfaction without your honnors approbation, the which being
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384 Provincial Court Proceedings, 1660.
Liber taken into seriotis Consideration by your honnor your pet^ humbly
P. C. R. craueth your honnors to consider his indigence, and to grant him an
order for satisfaction according to Custome to precedent Officers.
And your Pet' shall as bound Pray.
Kecne v. Henry Keene demanded a warrant the 8*** of December 1660 ag*
*""^ Sampson Warren in an action of debt
Warrant then issued to the Sherr of Calvert County retom to this
Court II Dec 1660 Ended.
Hobbs V. John Hobbs Cooper by his Attorney Thomas Turner demanded
^"]g the 18*^ of Nouember 1660 a writt of Attachment ag* the Estate and
goods of John Gottley ate Dowle to the valine of thirteene pounds in
the possession of M' Thomas Gerrard Attachment issued to the
Sherriffe of Saint Maryes County accordingly, vpon w"^** the said
Sherriffe retoumed the same executed to this Court 1 1 Dec 1660.
And both parties ph and deft not appeareing nor any for them this
Cause was nonsuited
Pcnnv V. Henry Penny by his Attorney Peter Joy the i** of December 1660
rnwa cys jg^ands a warr* ag* John Abington Attorney for Captaine Com-
waleys in an action of the Case.
Warrant then issued to the Sherr of S* Maryes County retorn to
this Prou" Court 11 Dec: 1660.
And the ph nor his Attorney appearing to prosecute, This Cause
is nonsuited.
I Dec 1660 A warrant issued upon demand to the Sherriffe of Calvert County
PcnsaTv! ^■etom to this Court the 1 1* of December 1660 in an action of 626*
George of Tob and Caske debt due to the ph, vpon w*^** warrant the said
^^^^^ Sherr retoumed the same executed.
High V. Robert High demands a warrant the 29*^ of Nouember 1660
Bisse against Thomas Bisse in an action of the Case.
Warrant then issued to the Sherriffe of Calvert County retom
to this Court 1 1 Dec 1660.
vpon w** warrant the said Sherriffe retoumed the same executed.
And the ph nor any for him appearing to prosecute. This Cause
was nonsuited.
Harris v. M' John Harris marchant this 8*^ of December 1660 demands a
Adams warrant against James Adams in an action of debt.
Warrant then issued to the Sherriffe of Calvert County retom to
this Court the 11^** of December 1660
Vpon w** warrant the said Sherriffe retoumed the same executed
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Provincial Court Proceedings, 1660. 385
William Turner this first of Dember 1660 demands warrant Liber
against Patriarke Dew the Attorney of John Grammer in an action j,,^^ y
of debt. Grammer
Warrant then issued to the Sherriffe of Caluert County ret6m
to this Court the 1 1* of Dec 1660.
William Harper the first of december 1660, demands warrant ^^^ ^•
against Mathew Sm)rth in an action of the Case "^
Warrant then issued retom to this Court the 11*^ of December
1660 to the Sherriffe of Calvert County
Vpon a warrant directed from the honno**'* Phillip Calvert Esq' p. 384
Gouemor to the Sherriffe of Calvert County to inquire by a Jury j^^n
upon the Corps of Catherin Lake, The said Sherriffe retoumed to Corpse
this Court as followeth vizt
According to the tennor of a writt to make dilligent Search and
inquiry upon the Corps of Catherin Lake directed to Giles Sadleir
Sherriffe there was a Jury of Twelue men namely
William Euans fforeman
William Turner
George Bussy
John Sinklow
William Sample
Robert Kingsberry
'William Richardson
Thomas Ireton
Phillip Coomes W" Euans
Patriark Dew "chosen Imp'.
James Allen
William Chaplin
The Declaration of William Sankeh Richard Gardner W" Palmer,
John Meeres, Thomas Cosby.
All Servants of the howse and Present when Thomas Mertine
shoved the said Catherine Lake with his hand on the Shoulder and
also gaue her a Kick upon the britch, and the said Lake being troubled
with the flStts of the mother fell into the said flStts as formerly, and
soe departed this world within one hower.
The Juryes Verdict aboue named is that at the viewe of the Corps
aboue mentioned they found it very cleare, and caused the said
Thomas Mertine and the Servants of the howse to ley their hands
upon the dead Corps, and there was noe issue of bloud from the
Corps, neither could they perceiue any alteration in the Corps or any
action from any personall man that was the Cause of her Death but
the providence of the AUmighty
•p me William Ewen
The Court is a[d]ioumed to the 19*^ of ffebruary next ensuing at Adjoum-
Saint Maryes. mentof
Court.
Richard Smyth Came this day being the 19* of December 1660 Richard
and demands the ensuing Indentures to be recorded among the ^!^ ^•
Records of the Prouinciall Court, in regard hee is to send them to Battin"^
25
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386 Provincial Court Proceedings, 1660.
Liber Virginea vizt This Indenture made the Eight day of August in the
yeare of our Lord one thowsand Six hundred ffifty and Nyne Be-
tweene Richard Smyth of Potomocke in the Hand of Virginea in the
parts beyond the Seas Planter on th one parte, And Thomas Allison
son of Thomas Allison of Gaston in the County of Lancaster hus-
bandman on thother parte. Wittnesseth that the said Thomas
Allison doth Covenant promise and grant to and with the said
Richard Smyth his Executors and Assignes by these presents from
the day of the date hereof vntill his first and next arrivall in the
Hand of Virginea aforesaid, and after for and during the tearme of
Seven yeares to serue, in such service and imployment as he the
said Richard Smyth, or his Assignes shall there imploy him accord-
ing to the Custome of the Countrey in the like kind, In consideration
whereof the said Richard Smyth doth hereby Covenant and grant
p. 38s to and with the said Thomas Allison to pay for .... and lodging
with other necessaries during the said tearme, and at the end of the
said tearme to pay the said Thomas Allison two suites of Apparrell,
three Barrells of good marchantable Come and fifty acres of land.
In wittnes whereof the said parties to these present Indentures haue
interchangeably sett their hands and Scales the day and yeare aboue-
said Signed Richard Smyth
Sealed and deliuered in presence of vs Andrew A Dickinson his
marke, George fflouke his marke X Locus Sigilli X
Bj^stoll This Indenture made the 24*** day of August in the yeare of our
Sigilli Lord 1659 betweene Richard Sm)rth of Virginia Planter of the one
^" u ^ P^rte And Margarett Williams of BristoU Spinster of the other parte.
Record Wittnesseth that the said Margarett doth hereby Covenant promise
to^^thc ^"^ grant to and with the said Richard his Executors & Assignes
torn of from the day of the date hereof, vntill her first and next arrivall at
*^Chty Virginea, and after for and during the tearme of ffower yeares to
serue in such service and imployment as the said Richard or his As-
signes shall there imploy her, according to the Custome of the
Countrey in the like kind. In Consideration whereof the said
Master doth hereby Covenant and grant to and with the said Servant
to pay for her passing, and to find and allow her meate, drinke, ap-
parrell and lodging with other Necessaries during the said tearme,
And at the end of the said tearme to pay vnto her One Ax one Howe,
double Apparrell fifty acres of land one yeares provision according
to the Custome of the Countrey In wittnes whereof the parties
abouenamed to these Indentures haue interchangeably sett their
hands and Scales the day and yeare aboue written
Sealed & dd in p*sence of Geo. Md worth
Hawkins The marke of Margarett Williams
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Provincial Court Proceedings, 1660. 387
Vpon w^^ Indenture The ensuing Assignment was written I Rich- Liber
ard Smyth doe assigne vnto John Powell the Maide Seruant aboue- ^- ^- ^
said with the Right of the Indenture, As Wittnes my hand the
fifth of Nouember 1659 Richard Sm)rth
Wittnes William Thomas Sam Bonam
This Indenture made the 29*^ day of August in the yeare of our Bristoll
Lord one thowsand Six hundred fifty and Nyne, Betweene Joseph q?^.|« v
Bishop of the City of Bristoll Sherman of th' one parte and Richard Inrolled
Smyth of the Hand of Virginea of the other parte, Wittnesseth that J?^^j
the said Joseph doth hereby Covenant promise and Grant and with according
the said Richard his Executors and Assignes from the day of the date Customc
hereof vntill his first and next arrivall in Virginea, and after for and Jil the said
during the tearme of ffower yeares to serue in such service and
imployment as the said Richard or his Assignes shall there imploy
him according to the Custome of the Countrey in the like kind, In
consideration whereof the said Master doth hereby Covenant and
grant to and with the said Servant to pay for his passing, and to
find and allow him meate drink Apparrell and Lodging with other
necessaries during the said tearme, and at the end of the said tearme
to pay unto him one Ax, One Howe, one yeares prouision double p. 386
Apparrell fifty acres of land according to the Custome of the
Countrey In wittness whereof the parties abouenamed to these
Indentures haue interchangeably sett their hands and Scales day and
yeare abouewritten Joseph Bishop Locus Sigill X
Sealed and deliuered in the presence of Andrew Hay
Vpon w^^ Indenture the Ensuing Assignm* was written I the.
Subscribed doe assigne vnto John Powell the man servant aboue-
named vizt Joseph Bishop, and also the Right of this Indenture As
Wittnes my hand this 5*^ of Nouember 1659
Wittnes W" Thomas Sam Bonam. Signed Richard Smyth.
The Said Richard Smyth demands the Ensuing Depositions to be
likewise entred on Record (vizt)
Owen Jones aged of Twenty yeares or thereabouts haue bene
examined an[d] swome on the Betweene Captaine William Batten of
one side, and Richard Smyth I doe declare that Richard Smyth did
ship three Seruants aboard the Ship Leopard entred in the Boston
booke their names followeth Joseph Bishop. Thomas Allison Mar-
garett Williams on the accompt of Richard Sm)rth, I neuer heard that
Cap"* Batten had intrust in these Servants neither doe I knowe. And
further saith not. As wittnes my hand this 17*^ of ffebruary 1659
By me Owen Jones
Swome before me Daniell Lisseon
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388 Provincial Court Proceedings, 1660.
Liber The Deposition of William Hardy aged Six and twenty yeares
P. C R. Q^ thereabouts swome and examined this lo*** of ffebruary 1659
Saith That Richard Smyth brought three Servants aboard the Ship
called the Leopard, and I entred their names in my booke as his
proper Servants whose names are as foUoweth Jos Bishop Thomas
Allenson Margarett Williams, neither did I euer heare that Cap"
Batten had any intrest in them Signed W" Hardy.
Taken before me Charles Ashton.
Richard Smyth demands a writt to arrest William Battin to an-
swere his suite at the next Prou" Court in an action of the Case,
Warrant thereupon issued Dated the 20*** of December retom 19
ffebruary following to the Sherriffe of
Calvert v. William Calvert Esquier by his Guardian the Right honno**** the
^®°* Lord Proprietary demands a writt ag* Thomas Stone in an action of
trespass to the valine of one hundred thowsand Poimds Tob & Caske
Writt thereupon issued to the Sherriffe of Saint Maryes County
dated 20 Decembris retom 19° ffebruary following.
Subpoena likewise issued ad testificaind in the said Cause for
W~ Bretton.
p. 387 James Bouling demands a writt at his suite against John Anderton
%d^n in an action of the Case.
Writt issued dated 17 Decembris to the Sherr of Calvert County
retom 19 ffebruary following.
Hughes V. William Hughes demands a writt at his suite ag* Thomas Stone in
"^ an action of the Case
Writt issued dated 28 Decembris retom 19 ffebruary following
to the Sherriffe of Charles County.
ComwalQrs Captaine Thomas Comwaleys demands a warrant against Jacob
V. Michecls Micheels at his suite in an action of 5506* Tob.
Writt issued dated the 13*** of December 1660 retom 19 ffebr
following directed to the Sherriffe of Baltimore County.
Pakes V. Walter Pakes demands a writt at his suite against M" Ann Ham-
Hammond nion in an action of the Case to the vallue.of 4000^ Tob
Writt issued dated 15 Dec to the Sherr of Saint Maryes County
retom 19 ffebr following.
Pakes V. Walter Pakes demands at his suite a Sumons ag* Robert Qark
^^**^ Esq' in an action of the Case
Letter Missive issued dated 15 Dec retom 19 ffebruary following.
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Provincial Court Proceedings, 1660. 389
Thomas Burdett demands a writt ag^ Cap" Robert Morris in an Liber
action of defamation Burdett v.
Writt issued 18 Dec retom 19 flfebruary following to the Sherr Morris
of Calvert County.
William Calvert Esquier by his Guardian the Lord Proprietary Calvert v.
demands a writt against Verlinda Stone Relict and late wife of S*°"^
Cap** W" Stone deceased in an action of trespass to the valine of
Writt issued dated 28 Dec retorn 19 ffebruary following to the
Sherriffe of Charles County.
John Cockerell demands a warrant at his suite ag^ Jacob Lombrozo Cockerell v.
in an action of the Case Lumbrozo
Writt issued to the Sherr of Saint Maryes County dated 1° Jan-
uary retom 19 ffebruary following
Subpoena ad testificand directed to the Sherr of Calvert County for
Mathew Smyth Jonathan Prator, and Sampson Warren in the said
Cause retom eod die.
Daniel Clocker demands a warrant at his suite ag* Thomas Warden Cocker v.
and W"* Martyn in an action of trespass to the valine of 300^ Tob ^^^^
Warrant inde to the Sherr of.S* Maryes County dated 3 January,
retorn 19 ffebruary following.
Augustine Herman marchant came this day and demanded the 7 January
ensuing to be entred on Record (Vizt) To all Christian People to '^^
whom these presents shall come Robert Slye of Saint Clements Herman v.
Mannor in the Province of Maryland marchant Sendeth Greeting in Oversee
the name of our Lord God Everlasting this tenth day of Nouember
in the yeare of Grace one thowsand Six hundred and Sixty, and in
the twelth yeare of the Raigne of our Soueraigne Lord King Charles
the Second &c. Whereas matters of difference debate and Contro-
uersy haue rissen and happened betweene m"" Augustine Herman
Marchant and M^ Symon Overzee deceased, and now is become of
Conceammeiit vnto M" Elizabeth Overzee as Successour and Ad-
ministratrix to the said M^ Overzee her deceased husband for pacify-
ing ordering and ending whereof M^ John Bateman and M"" Henry
Meese Marchants were mutually chossen by the aforesaid parties M*"
Augustine Herman and M" Elizabeth Overzee to arbitrat and deside
the Controversies aforesaid in Case they had agreed therein, but the
said Arbitrators differing in their Judgments about the said buisnes
the said M^ Augustine Herman and M"^ Elizabeth Overzee haue
bound themselues each to other in a Bond of One thowsand pounds
sterling to stand also to the Vmpi radge and award of Robert Slye
aforesaid as by the said Obligations and Condicons doth and may at
large appeare.
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390 Provincial Court Proceedings, 1660.
Liber Knowe yee therefore that the said Vmpire takeing upon him the
P. C JL charge and burthen of the said Vmpiradge or award, and haueing
taken due and serious deliberation in considering the matters of
difference betweene the conceamed parties before mentioned I doe
by these presents deeme Judge order and award in reference to the
premisses in manner and following that is to say, flSrst that M"
Elizabeth Oversee her Executors or Adm" or some of them shall well
and truely pay or cause to be paid vnto M"" Augustine Herman mar-
chant or to his certaine Attorney Executors or Administrators or
some of them fifteene thowsand pounds of good sound well con-
ditioned Tobacco and Caske (according to the lawe of the Countrey
in that Case provided) as also Six thowsand Pounds of good mar-
chantable neate Porke, Which payment both for t)rme and places is
to be performed as is hereafter expressed, that is ten thowsand
pounds of the said Tobacco and Caske, and ffower thowsand pounds
of the said porke to be paid conveniently in Potomacke Riuer, Pa-
tuxent or both in twelue seuerall places at the most and by the last day
of January next ensuing at the furthest
Secondly the said Vmpire doth order deeme and award that the
other fine thowsand Pounds of Tobacco, and two thowsand Pounds
of Porke for the makeing up of the aforesaid quantity of fifteene
thowsand Pounds of Tobacco and Caske and Six thowsand Pounds
of Porke shalbe well and truely paid by the said M" Elizabeth Over-
see her Executors Administrators or Assignes to him the said M'
Augustine Herman his Executors Administrators or Assignes by the
p- 389 last day of Nouember in the ... . Thirdly in case M^ Augustine
Herman make appeare that hee hath paid M^ Overzee his Bill of
Exchange of one hundred Gilders to Abraham Johnson then M"
Overzee is awarded to pay M"" Augustine Herman seuen hundred
and Eighty Pounds of Tob and Caske in liewe thereof. It is also
deemed, ordered and decreed by the said Vmpire that the Anker and
Grapling be paid for according to the true valine thereof, M^ Augus-
tine Herman makeing sufficient prooffe that M"" Oversee disposed of
them for his owne priuat use. Likewise that M^ Augustine be al-
lowed one hundred pounds of Tobacco for the Case of wine that hee
paid to M^ White for freight of M' Oversee his Caske and other
goods in the barque Susannah.
ffowerthly It is ordered and awarded that M*^ Augustine Herman
commence a Suite against M" Overzee, and that shee confesse Judg-
ment for twenty one thowsand pounds of Tobacco and Porke, and
that shee pay the Court Charge, likewise that shee acknowledge
Judgment for what M*^ Augustine Herman can make appeare due in
reference to the Bill of Exchange Anker, Graplin, and Case of wine,
and that she pay the charge of Court for that also
Fiftly I award that if there be loss in the two bills one of Phillip
Lands the other of M*^ Rosiers M" Overzee ought to beare it, and
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Provincial Court Proceedings, 1660. 391
that because the Contract makes prouision for the intrusting of Liber
such persons onely as were at least supposed to be sure paymasters,
and these men were well knowne to M"" Oversee to be otherwise
Neither are the bills marked with the Copartners marke, wherefore
I order they be againe retoumed to M" Overzee yet shee to allow
M"" Augustine nothing in consideration thereof, but what he is before
awarded
after
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392 Provincial Court Proceedings, 1660.
Liber Daniell Clocker thelder came this day b[e]ing the 7^ of January
marl^^ 1660, and demands the markes of the Cattle hereafter mentioned
Cattle in manner hereafter expressed which do belong on to his Children to
be entred on Record vizt
The marke of the Cattle giuen by the said daniell thelder to his
daughter Elizabeth is the Right Eare swallow tailed, and the left
Eare two Slitts, and a piece of the Slitt Cutt of in the upper side of
the Eare
The marke of Daniell Clocker the younger son to the said Daniell
the elder is two slitts in the left Eare and a piece Cutt of one of the
Slitts next the home.
The said daniell Clocker thelder hath giuen to his daughter Mary
Clocker a Cowe marked with his owne marke, and the increase for
Euer Colloured Browne with a broken home about Six yeares old, &
her marke to be the left Eare swallow tailed & the Right Eare Two
Slitts and a piece of the Slitt cutt of in the vpper Side of the Eare.
The said daniell Clocker thelder hath likewise giuen to his Son
John Clocker one Heifer three yeares old the next March with his
owne marke and the Encrease for euer & his mke hereafter to be
two Slitts in the Right Eare and the upper piece Cutt of, and the
left Eare vnderkeeled
p. 391 The within named Daniell Clocker thelder hath likewise giuen to
his daughter Catheryn one Heifer, about three yeares old next
March marked with his owne marke & the encrease for Euer, her
marke hereafter to be two slitts in the Left Eare & the upper piece
Cutt of, and the Right Eare vnderkeeled.
10 J^"*g Augustine Herman came this day and demanded writt to arrest
Herman v. Elizabeth Overzee widdow in an action of debt of one thowsand
Overzee pounds sterling by Bond
Writt issued eodem die to the SherriflFe of Saint Maryes County
retom to this Prou** Court to be holden at St Maryes the 19*^ day of
ffebruary next.
y. Idem Augustine Herman came this day being the 1 1* of January
[tc 1660 and demanded a warr^ to arrest John Cabreth Executbr of
Maior Billingsley deceased in an action of debt of 4000* Tob
Warrant inde to the Sherr of Calvert County retom to the next
Prou" Court 19 ffebr 1660
^' James Lindsey came this day 1 1 January and demanded a writt to
arrest Richard True Boate Right in an action of debt of 2006* Tob
and Caske.
Warrant inde to the Sherr of Charles County retom next Prou"
Court 19 ffebruary next.
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Provincial Court Proceedings, 1660. 393
Idem James Lindsey Attorney for Thomas Pryor dem*^ a Writt Liber
at the suite of the said Pryor to arrest Gyles Glover in an accon of p^yor v.
the Case to the vallue of 606* Tob & Caske Glover
Warrant inde to the Sherr of Charles County retom 19 flfebruary
next
Luke Gardner and Hugh Hopewell came in person and desired the 13 January
ensuing Pattent, and the sale thereof endorsed therupon to be entred, J^
w*^^ followeth in his verbis (vizt) Gardner's
Caecilius absolute Lord and Proprietary of the Provinces of Mary- ^"^^^
land, and Avalon, Lord Baron of Baltemore &c. To all persons to
whom theis presents shall come Greeting Knowe yee That Wee for
and in consideration that Luke Gardiner of our said Province of
Maryland Planter transported himselfe and Julian his Sister into
that our said Province in the yeare 1647 there to inhabit and dwell,
And that hee the said Luke Gardiner may be the better enabled to doe
vs and our heires acceptable service within our said province Haue
by and with the advice of our Trusty and welbeloued William Stone
Esquier our Lieutenant of the said Province, and according to the
tennor of our Letters vnder our hand and Scale bearing date at
Portsmouth in the Realme of England the Eight day of August 1636
and recorded in the Secretaryes Office of our said Province Giuen
and Granted, And by these presents for vs and our heires doe giue
Grant and Enfeoffe vnto the said Luke Gardiner All that parcell of p. 392
land lying on the Sowth side of Patuxent Riuer Begining at a markt
Cedar Tree standing nere the mouth of a Creeke called Gardiners
Creeke and runing West Northwest from the said Cedar for the
leingth of Sixty Perches to a markt Oake by a branch, and bound-
ing on the West with a lyne drawne Sowth up the Branch from the
said Oak for the leingth of fiue hundred perches to a markt Oake on
the Sowth with a lyne drawne East from the last Oake vntill it
intersect a Paralell drawne from Gardners Creeke, On the East with
the said Creeke and paralell. On the North with the said Riuer
containeing and now laid out for two hundred acres more or less.
And all woods Quarres Mynes (Royall Mynes excepted) Waters
ffishings ffishing places, and all other proffitts and Commodities in
and upon the same land. Saucing to Vs & our heires our Royall Juris-
diction and Segniory as absolute Lords and Proprietaryes of the
said Province To haue and to hould the same to him the said Luke
Gardner his heires and Assignes foreuer. To be houlden of vs and
our heires as of our Mannor of West Saint Maryes in ffree and
Common Soccage by ffealty onely for all Services Yeilding and pay-
ing therefore yearely to vs and our heires at our vsuall Receipt at
Saint Maryes ffower shillings in money sterling or Two Bushells of
good Come at the ffeast of the Nativity of our Lord, Giuen at Saint
Maryes vnder the Great Scale of our said Province of Maryland the
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394 Provincial Court Proceedings, 1660.
Liber Nynth day of August in the yeare of our Lord One thowsand Six
^* ^ ^ hundred fifty and Two Wittnes our said Lieutenant
W" Stone Locus X SigiUi
Vpon the Back whereof was written as followeth
This 13*** of January 1660
I the within named Luke Gardner doe for a valluable consideration
by me receiued Giue and grant vnto Hugh Hopewell of Patuxent
EUuer Planter all my Right Tytle and intrest of the within mentioned
Pattent To haue and to hould the same to him and his heires for euer,
As witness my hand the day and yeare abouesaid
Signed Luke Gardner
Wittnesses Peter Bathe Ann X Land her marke.
p. 393 William Stiles this 16^ of January demands a writt to arrest John
Piles PiJ^ in 2m action of the Case
Warrant issued accordingly to the Sherriffe of Saint Maryes
County retomable 19 flfebruary next
The said William Stiles the same day likewise desires a Subpa ad
testificand in the aforesaid Cause ag* Lieutenn* Co* John Jarbo,
John Meadly, Sampson Waring William Thompson Walter Hall &
Roger Isham to appeare 19 ffebruary next at the Prou" Court to be
then houlden at Saint Maryes
Warrant inde issued to the Sherriffe of S* Maryes to stmion all
the aforesaid wittnesses (except Sampson Waring) accordingly.
Warr* also issued to the Sherriffe of Calvert County to stmion
Sampson Warren to testify in ditt Causa.
Tethershall William Tethershall eodem die desires a writt to arrest John Pile
V. Pile in action of the Case.
Writt inde issued to the Sherriffe of Saint Maryes County ret 19
ffebruary next
Pakcs V. M" Ann Hammon desires the same day a Subp* ad testificand ag*
Hammond Lieutennant CoUonell John Jarbo Peter Mills and John Dauies in
the Cause depending betweene her and Walter Pakes.
Subp* issued eodem die directed to the Sherr of Saint Maryes
retoumable to the next Prou" Court 19 ffebr next
Harris v. George Harris demands the same day a writt ag^ William Greene
Greene ^^^ Elizabeth his wife Executrix to her late husband Henry Potter
deceased in an action of debt of 892* Tob and Caske
Warrant inde to the Sherriffe of Saint Maryes County retom the
next Prou" Court 19 ffebruary 1660
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Provincial Court Proceedings, 1660. 395
Subp* ad testificand Mary Kirke the wife of Martyn Kirke, Vin- k*^t^
cent Achison W" Harper & .... in the foresaid Cause.
Idem George Harris demands a writt agt William Harper in an Harris v.
action of debt of 706* Tob and Caske Harper
Warrant inde to the Sherriffe of S* Maryes County retom vt
supra
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396 Provincial Court Proceedings, 1660.
Liber Stone broake of ; And further this deponent saith that he heard the
P. C R. gj^j^j Captaine Stone say vnto William Hengs that he would force
him to keepe the Mill, And further saith not
The r Marke of John Buttery
Juravit Coram me Josias Fendall.
Ps^s V. Walter Pakes this 16* of January demanded a Sumons in Chan-
*""^ eery against Sampson Warren of the Qiffes
Subp* thereupon issued to the Sherr of Calvert County retom 19®
ffebruary next
A subp* ad testificand agt Henry Meese in the same Cause issued
retom vt supra.
Pate V. The said Walter Pakes the same day demanded a Sumons in
Chancery against James Vech assignee of M"" John HoUyes
Subp* then issued to the Sherr of Calvert County retom 19 flfeb'
next accordingly.
Kedgcr v. Robert Kedger demands a Simions in Chancery ag* Robert Taylor
^ Subp* then issued directed to the Sherriffe of retom
ut Supra
A subpoena ad testificand issued the same day ag* Mathew ....
16 January Walter Pake assignee of John Hollis demands a writt ag* James
Pskts V. Vech in an action of the Case
Vehch Writt thereupon issued directed to the Sherriffe of retom
19 ffebr next
Kedger V. Robert Kedger the same day demanded a writt ag* M' Robert
*^ ^^ Taylor in an action of debt of 800* Tob & Caske
Writt then issued directed to the Sherriffe of Calvert Coun retom
19 ffebruary next.
Bushell V. William Bushell demands a writt to arrest Captaine John Price
in an action of the Case.
Writt accordingly issued directed to the Sherriffe of Saint Maryes
retom 19 ffebr next.
Atchison v. Vincent Achison demands a writt to arrest Robert Kedger in an
^^^ action of the Case to the valine of Ten pounds sterling.
Writt issued directed to the Sherriffe of Saint Maryes County ret
vt supra.
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Provincial Court Proceedings, 1660. 397
Richard Grymes demands a writt ag* Arthur Wright in an action Liber
of trespass to the vallue of 3006* Tob and Caske i/^smuaiy
Writt thereupon issued Directed to the Sherriffe of Kent County Sp."VJ? ^*
retoumable to the next Prou" Court at S* Maryes 19 ffeb. next ^^^
Idem Richard Grymes demands a Writt ags* Hugh Bevin in an Grymes v.
action of trespass to the vallue of 540* Tob and Caske ^^^
Writt thereupon issued directed to the Sherriffe of Calvert County
retom vt supra.
Idem Richard Grymes demands a writt ag* Vincent Achison in an Grymes v.
action of the Case to the valine of 340* Tob and Caske Atchison
Writt thereupon issued directed to the Sherriffe of Saint Maryes
County retom ut supra.
Thomas Phillpott by M' John Abington demanded this 21*"* of Phillpotv.
January a writt ag* Nicholas Bannister in an action of debt of isorf Banmstcr
Tob & Caske
Writt then issued to the Sherriffe of ... . retom ut Supra.
An execution issued directed to the Sherriffe of Saint Maryes y Dec 1660
County at the suite of Captaine Thomas Comwaleys for one Thow- ^SiSh^rs
sand pounds of Tob of the goods of Captaine William Mitchell at- Estate
tached in the hands of Thomas Mitchell as by Judgm* of Court
bearing date the first March 1659 apreth
An order issued signed & sealed by the Gouemor requiring 14 Dec 1660
Edward Prescott marchant or Cap** John Jenkins Attorney for the Goodrick v.
said Prescott to pay to George Goodrick 5006* Tob as foUoweth vizt vid. order
Whereas by an Order of Court dated the 5*** of October 1659 '^ was ^o- 319
Ordered that M' George Goodrick should haue fine thowsand pounds
of Tobacco without any abatement out of the Estate .... deceased
extended as by the said order more at large appeareth, I doe therefore p. 396
as by the said Order I am directed require you forthwith to pay vnto
the said George Goodricke the said fine thowsand pounds of Tobacco
without abatem* out of the said Estate whereof you are not to faile,
And this Together with the said Goodricks receipt endorsed upon the
back hereof shalbe a sufficient discharge. Giuen at Saint Maryes
vnder my hand & Scale this 14*** of december 1660
Philip Calvert locus X Sigill
Levy by way of Execution upon any the Goods debts or Chatties Gwyther v.
of Edward Prescott marchant two thowsand fower hundred and Prescott
fowrteene pounds of Tobacco and Caske within this Province being
for the fees due to Cap" Nicholas Gujrther for extending the Mannor
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398 Provincial Court Proceedings, 1660.
Liber of Rite formerly the Estate of Cap" William Lewis deceased, and
P. C R. the same soe Leuyed to deliuer to the said Cap** Nicholas Gujrther or
his Order, And for soe doing this shalbe your Warrant Giuen at S*
Maryes this 17*^ day of december 1660 Philip Calvert
To the Sherr of Charles County or his Deputy
Price y- Collonell John Price this 29*** day of January demands a writt to
* arrest William Black in an action of the Case
Warrant inde issued eodem die to Sherriffe of Saint Maryes
County retom to the Prou*^ Court to be houlden at Saint Maryes the
19*** of ffebruary next.
Clocker v. Thomas Ward demands the day last abouesaid a Subp* ad testi-
' ficand on his owne behalfe for George Wilson Thomas Wright and
W" Cole in the Cause depending in this Court betweene Daniell
Clocker pit and the said Thomas Ward & W" Martyn def ts.
Subp' inde issued retom ut supra. To the Sherr of S* Maryes
County
W" Martyn eod die demanded the like subp* ad testificand ag* the
said parties last aboue menconed on his owne behalfe in the said
Cause.
Subp* ad testificand inde issued Directed to the Sherr of S*
Maryes County ret ut supra.
Gwythcr v. Nichalas Gujrther the day last abouemenconed demands a Scire
aockcr fj^^j^g 2^gt Daniell Clocker to shew cause why he should not pay the
said Nicholas the fees due for the imprisonment of Mary wife to
the said daniell
Scire facias thereupon issued directed to the Sherr of S* Maryes
County retom vt supra.
John Hobs the same day last above mentioned demands an Attach-
ment ag* the goods debts or Chatties of John Gottley ate Dowle w**
are in the hands of Thomas Gerrard to the valine of 13* lawful!
money of England to answere his suite in an action of .... to the
like valine.
Attachment thereupon issued retom vt supra directed to the
Sherriffe of Saint Maryes County.
This day Came Hugh Lee of Saint Maryes and acknowledged
himselfe indebted vnto the Lord Proprietary of this Province in the
sume of One Thowsand Pounds of Tobacco and Caske In Case the
said Hugh Lee for the space of fiue wholl yeares next ensuing the
date hereof shall suffer or pmitt any eiuell rule or order to be kept
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Provincial Court Proceedings, 1660. 399
in his said howse at Saint Maryes — Especially upon any the Lords Liber
dayes called Stindayes by gameing or exorbitant drinking during the ^- ^* ^
tyme of Divine Service, or shall suffer any Servants or Apprentices
to remaine Tipling or drinking in his howse without their Masters
priuity, or shall sell or giue such apprentices drinke occasioning
their disorder thereby, Or shall sell drinke by Retayle at greater price
then is allowed by an Act of Gennerall Assembly provided in that
behalfe Hugh Lee
Recognit Coram me Peter Bathe
Idem Hugh Lee had the same day a license to keepe an Ordinary
as M*" Philip Land had fo : 12 :
Thomas Tolson by his Attorney M*" John Abington demands a 31 January
writt to arrest Thomas Stone in an action of debt o?}^ ^'
Warrant inde to the Sherr of Charles County retom to the next
Prou" Court at S* Maryes 19 ffebruary
Stone
Idem by his said Attorney eod die demands a writt to arrest Thom- Tolson v.
as Stone as Executor to his father in action of debt |^°^
Warrant inde issued directed & retom ut supra.
Cap** Thomas Comwaleyes eod die demands a writt to arrest Ann Cornwaleys
Chandler Administratrix to her deceased husband in an action of ^Chandler
debt of two thowsand three hundred and fifty pounds Tob & Caske ™'°**
Warrant inde issued directed and retom ut supra.
Richard Cole by M' John Abington demands a writt to arrest Cole v.
Richard True Ship Carpenter in an action of debt True
Warrant inde issued directed and retom ut supra.
Martyn Kirke demands a writt ag* Richard Bayley in an action , February
of detinue i6j5o
Warrant inde issued to the Sherriffe of Calvert County ret 19 Bayley^'
Jnstantis to the Prou" Court at Saint Maryes.
William Knaggs demands a writt ag* Robert Kenly in an action eod die
of the Case. ^"*P' ^*
Warrant issued to the Sherr of Charles County retom to the
Prou" Court 19 instantis ut supra
Captaine Thomas Comwaleys demands this first of ffebr a writt p. 398
to arrest William Styles in an action of debt of twelue hundred and Comwaleys
Seuenteene pounds Tob ^' ^ ^*
Warrant issued eodem die to the Sherriffe of Saint Maryes
County retom 19 instantis to the Prou" Court
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400 Provincial Court Proceedings, 1660.
Liber Idem demands the same day a writt to arrest Richard Sheppey in
Com^wSe^ taction of debt
V. Shcppcy Warr* inde to the Sherr of S* Maryes retom ut supra
Comwaleys Idem demands the same Day a Writt ag* Henry Spinke in an
""•^^"^^ action of debt
Warrant inde to the Sherriffe of Saint Maryes retom vt supra
CornwaJm Idem demands the same day a writt ag* Henry Spinke in an
^* ^ ^ action of trespass.
Warrant inde to the same Sherr retom ut supra.
Warren v. Humphrey Warren demands the same day a writt ag* William
^ Head in an acc5n of debt.
Warrant inde To the Sherriffe of Calvert County retom ut supra
Walker v. James Walker demands the same day a writt ag* William Head in
Head • ^ * •
an action of debt
Warrant inde to the Sherriffe of Calvert Coimty ret vt supra.
TnjBrhman's Captaine Samuell Tilghman this day being the ffower & twentith
of Janua desires the ensuing Contracts and the protests thereupon
made to be entred on Record vizt
Contract This Present writeing indented made the Eighteenth day of
S^°fl August 1660, And in the twelth yeare of the Raigne of our Souer-
TiWwnan aigne Lord King Charles the Second Betweene Samuell Tilghman
Peck of Ratcliffe in the County of Midds Marriner Master of the Good
Ship called the Goulden ffortune of London of the burthen of Two
hundred and threescore Tons or thereabouts now bound forth upon
a voyadge from hence to Potomack and Patuxonn Riuers in Mary-
land and so to retome back to the Porte of the Citty of London
of the one parte. And Charles Peck of London marchant of the
other parte Wittnesseth that the said Samuel Tilghman doth for him
his Executors and Administrators Covenant promise and graunt to
and with the said Charles Peck his Executors and Administrators by
these presents That he the said Samuell Tilghman his Executors or
Assignes shall and will within fforty dayes next after the arrivall of
the said Ship in Potomack or Potuckson Riuers aforesaid receiue
and lade or cause to be receiued and laden aboard the said Ship at
Potomack or Potuckson Riuers aforesaid to and for the vse and
accompt of the said Charles Peck his Executors Administrators and
Assignes Three Tons of Tobacco accompting ffower Virginia Hogs-
heads to every Tonn to [be] brought home in the said Ship to the
Porte of London aforesaid (the danger of the Seas excepted) vnto
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Provincial Court Proceedings, 1660. 401
and for the said Charles Peck his Executors or Assignes in Case the Liber
same shalbe provided .... at Potomack or Potuckson Riuers afore- ^' ^
said within halfe a mile of the Water side within the said space of
fforty dayes as is abouementioned. And the said Charles Peck doth
for himself e his Executors Administors and Assignes Covenant
promise and Grant to and with the said Samuell Tilghman his Execu-
tors and Administrators by these presents not onely to provide and
make ready the said Three Tons of Tobacco abouementioned at Poto-
mack or Potuckson Riuers aforesaid within the t)rme abouementioned
But also well and truely to pay or Cause to be paid to the said Samuell
Tilghman his Executors Administrato" or Assignes the Sume of
Seuen pounds of lawf ull money of England per Ton for every Tonn
of the said Tobacco that shalbe brought home in the said Ship for
the said Charles Peck at and vpon the delivery of the same here at
the Port of London, and so after the same rate and proportion for ^
a greater or lesser quantity then a Tonn, And the said Charles Peck
doth binde himselfe his Executors and Administrators in Case his
ffactors or Assignes shall not provide and make ready the said Three
Tons of Tobacco within the said space of fforty dayes abouemen-
tioned to pay or Cause to be paid to the said Samuell Tilghman his
Executors Administrators or Assignes the Sume of fforty pounds of
lawfull money of England within ten dayes next after the arrivall
of the said Shipp at the Porte of London, And Likewise the said
Samuell Tillghman doth binde himselfe his Executors and Adminis-
trators in Case hee shall not receiue and lade or cause the said goods
to be receiued and laden aboard the said Ship at Patomack or Potuck-
son Riuers aforesaid, being provided and made ready by the ffactors
or Assignes of the said Charles Peck within the said fforty dayes
abouementioned winde and weather permitting well and truely to
pay or cause to be paid to the said Charles Peck his Executors or
Assignes the sume of fforty pounds of lawfull money of England
within ten dayes next after the arriuall of the said Shipp at the Porte
of London aforesaid In wittness whereof the parties abouenamed
haue herevnto sett their hands and Scales the day and yeares aboue-
written : -f Signed Charles Peck
Locus X Sigilli
Sealed & Deliuered in the p*sence of vs W" Salisbiry Scr James
Sleigh his servant.
Wheras there was a Contract and Agreement indented made and
Concluded Bearing date the Eighteenth day of August 1660 Be-
tweene Samuell Tilghman of Ratcliffe in the County of Midds
Marriner Master of the Good Ship called the Goulden ffortune of
London of the Burden of Two hundred and threescore Tons or
thereabouts of the one parte, And Charles Peck of London mar-
chant of the other parte whereby the said Charles Peck his Execu-
26
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402 Provincial Court Proceedings, 1660.
Liber to" Administrators and Assignes were ingaged to provide and make
P.C.R. ready to be receiued and laden aboard the said Ship by the said
Samuell Tilghman his Executors or Assignes within fforty dayes
p. 400 next after the arriuall of the said Ship in Potomack or Potuckson
Riuers in Maryland Three Tons of Tobacco accompting ffower
Virginia Hogsheds to Euery Ton, And whereas the said Samuel
Tilghman in the said Ship did arriue at his ladeing Porte — ^within
the the said Province of Maryland the First .... day of december
One Thowsand Six hundred and Sixty, And haueing remained in the
said Riuer with the said Ship Men and Boates in a readiness to
receiue and fetch the said Three Tons on Board the said Shipp
whensoeuer required from his arrivall aforesaid vntill this present
ffower and twentith day of January and hath not yet receiued any
Order from the said Charles Peck his ffactors or Assignes, or any
note or notice from any of them for the receiuing and fetching of the
said Three Tons of Tobacco or any parte thereof aboord the said
Ship. Therefore the said Samuell Tilghman doth hereby Protest
as well against the said Charles Peck his Executors, Administrators
and Assignes, as against all other persons whatsoeuer. And doth
hereby Declare that what damadge shall be made appeare to ensue
for the Nonperformance of the abouesaid Contract and Agreement
may and shall rest upon the said Charles Peck his Executors Admin-
istrators or Assignes according to the tennor of the said Contract and
Agfreement, And I Philip Calvert Esquier Governor of the said
Province of Maryland vnder his Lo^ Caecilius Lord Barron of Balte-
more Lord and Proprietary of the said Province, Because the Protest
aforesaid was made before me haue herevnto sett my hand, and
caused his said Lo^* lesser Scale of the said Province to be affixed
herevnto this 24^ day of January 1660 Signed Philip Calvert
This Present writeing indented made the ffowerteenth day of
August 1660, And (as in the former Contract) Betweene Samuel
Tilghman (as aforesaid likewise) And William Barrett of London
marchant of the other parte Wittnesseth &c to and for the use &
accompt of the said William Barrett his Executors Adm" and As-
signes Seuenteene Tons and one halfe Ton of Tobacco amounting &c
(as in the former Contract mutatis mutandis) the sume of Two
hundred and fforty pounds of lawfull money of England within ten
dayes next after the arrivall &c In wittnes &c Signed W" Barrett
Locus X Sigill
Sealed and deliuered in the presence of vs W™ Parker Servant to
W" Salusbury Scr.
The like Protest as aforesaid onely changing the name of William
Barrett was made by the said Samuell Tilghman ag* the said Barrett
for Seuenteene Tons and one halfe Ton of Tobacco.
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Provincial Court Proceedings, 1660. 403
This Present writeing indented made the Eight day of September Liber
1660 And &c as in the former Contract Betweene Samuell Tilghman p*^,^
&c and John Twisleton of London marchant of the other parte Witt-
nesseth &c onely changing the name of John Twisleton, and for fine
Tons vntill the sume of threescore and ten pounds of lawfull money
of England &c Signed John Twisleton
Locus X Sigilli
Sealed and deliuered in the presence of vs James Sleigh W"
Parker Servants to William Salusbury Scr.
The like Protest as aforesaid was made against John Twisleton for
not pforming his Contract by the said Samuell Tilghman.
Captaine Thomas Comwaleys demands a writt to arrest Maior 20 ffebmary
George Colclough in an action of debt of fifteene hund^ pounds Tob y.^Qjdo^gh
and Caske
Warrant mde to the Sherriffe of S* Maryes retom 19 instantis to
the Prou" Court at Saiiit Maryes
Aufiiistine Herman demand a writt to arrest CoUonell John Price cod die
in an action of debt of fifteene hundred pounds ster ^j^.^
Warrant mde to the Sherriffe of S* Maryes County retom vt
supra
Idem demands a writt to arrest Maior George Colclough & Eliz : cod die
his wife Adm'"" to Symon Overzee her late deceased husband in an cokk^lT*
action of the Case to the valine of fower hundred pounds ster, and Adminx. to
Sixteene thowsand pounds Tob and Neate Porke. Overzcc
Warrant mde to the SherriflFe of S* Maryes retom ut supra
Idem demands the ensuing Protest to be entred among the Prou" i February
Records w** followeth (vizt) Whereas Elizabeth Overzee widdow
of Symon Overzee deceased, and as it is reported now the wife of
Maior George Colclough, Administratrix of the Estate of Symon
aforesaid stands ingaged vnto Augustine Herman marchant the full
Sume of One thowsand pounds sterling for the non performance of
the award &c W** Award and Arbitration shee has denyed by refus-
ing to signe the generall discharge in the Arbitration awarded And
Secondly by not paying the ten thowsand weight of Tobacco and
fower thowsand weight of Neate Porke Commanded by the said
award to be paid by the last of January at furthest Which tyme is
now past. But to the Contrary has made me stay waiting upon her,
and caused thereby my other buisnesses in the Countrey to be Neg-
lected. Item the Barke Swallow attended all this while here in
expectation of the abouesaid loadeing, and might euersince haue
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404 Provincial Court Proceedings, 1660.
Liber very well bene dispatched when now shee has lost a whole voyadge
^ ^ ^ and being now often soe iniuriously dealth with all and from tyme
to tyme more and more damnified, This therefore to be taken notice
on that I the aboue said Augustine Herman by these presents Doe
protest against all the aforesaid dishonest proceedings and vnfaithf ull
dealings for which I doe demand satisfaction to the uttmost as lawe
p- 402 and Justice may adiudge, And Doe declare further that I doe lay
hold on the breach, and not performance of the arbitration, And in
Consequence thereof besides the thowsand pounds sterling already
entred, Qaime my first principall and demand the ffower hundred
pounds sterling due vnto me by Covenant out of the Estate of Symon
Overzee deceased with about Sixteene thowsand weight of Tobacco
and Neate Porke reall due -p ballance of accompts out of the Estate
aforesaid, for which Action shalbe entred, and the Administratrix
arrested to answere the next ensuing Prouindall Court And soe
desiring this to be recorded I haue herevnto sett my owne hand this
first day of ffebruary 1660 at S* Maryes in S* Inigoes Riuer in
Maryland Signed Augustine Herrman.
And I Philip Calvert Esquier Governor of the said Province of
Maryland vnder his Lo^ Cacilius Lord Baron of Baltemore Lord
and Proprietary of the said Province Because the Protest aforesaid
was made before me haue herevnto sett my hand, and caused his said
LoP* lesser Scale of the said Province to be affixed herevnto this
first day of ffebruary 1660 Philip Calvert.
Ellcry v. Henry EUery this day being the last of January Demands a writt
^^ to arrest Maior George Colclough and Elizabeth his wife Adminis-
tratrix of Symon Overzee her late deceased husband in an action of
debt of three thowsand Six hundred and Sixty pounds Tob and
Caske.
Warrant mde to the Sherriffe of Saint Maryes County ret 19
ffebruary next to the Prou" Court
M<»sc V. Henry Meese marchant this 4*^ day of ffebruary demands a writt
^"^ to arrest Maior George Colclough and Elizabeth his wife Adminis-
tratrix to her late deceased husband Symon Overzee in an action of
the Case of three thowsand two hundred pounds sterling.
Warrant mde to the Sherriffe of S* Maryes County retoumable to
the Prou" Court 19 ffebruary at Saint Maryes
Fcrdra t. David fferrera by his Attorney William Hampstead this 6*** day
ay»€y q£ ffebruary demands writt to arreast Michaell Basey in an action
of debt of fower hundred thirty Eight pounds Tob & Caske
Warrant mde to the Sherriffe of Calvert County retom 19 ffebru-
ary following.
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Provincial Court Proceedings, 1660. 405
Idem -p eiand Attornat eod die demands writt to arrest Martyn Liber
Cole in an action of debt of 703* Tob : & Caske Fcrcira v.
Warrant mde to the Sherriffe of S* Maryes County retom 19 Cole
ffebruary.
Idem Tp eund Attornat demands writt to arrest Cott John Price in Fereira v.
an action of the Case ^"^^
David fferrara by his Attorney William Hampsted this 6*** of 1^^?
ffebruary a writt to arrest M' W" Bretton in an action of debt of Bretton
360* Tob & Caske.
Warrant mde to the Sherriffe of S* Maryes County retom as last
within mentioned.
David fferrara by his Attorney aforesaid dem*** writt to arrest Fereira v.
Jacob Lombrozo in an action of debt of i5orf Tob and Caske. Lumbrozo
Warrant mde to the Sherriffe of S* Maryes County retom vt supra.
Thomas Hawker the same day dem*** writt to arrest M' Thomas Hawker v.
Mathewes gent in an action of the Case. Mathews
.Warrant mde to the Sherriffe of S* Maryes County ret vt supra.
Subp* ad testificand M' Richard Willan Bryon daly Thomas
Griffin and John Ward in dca C ret ut Supra.
William Greene and Elizabeth his wife this 7^ of ffebruary de- Greene v.
mands a Sumons ag* Nicholas Gujrther Sherriffe of S* Maryes ^^"^yther
County in an action of debt of i6oc^ Tob and Caske
Subpoena ad testificand likewise issued to Markes Phe)rpo, and
Martyn Kirke ret vt supra, in the said Cause.
Vpon complaint made unto me by M*" Henry Meese march* and Meese &
Augustine Herman marchant that the goods and Chatties that late r^l^^'
were belonging to Symon Overzee of this Province mchant deceased
are in parte already transported and the rest to be transported into
other parts out of the Jurisdiction of this Province by Maior George
Colclough and Elizabeth his wife Administratrix to the said Symon
Overzee her deceased husband before the debts due by the said
Symon and for which suites are already commenced in the Prou"
Court of this Province be satisfied. These are therefore in the name
of the Right honno^'* the Lord Proprietary of this Province strictly
to charge and command you Nicholas Young to detaine upon your
hands all the goods Chatties and debts of the said Maior George
Colclough and Elizabeth his wife within this Province, and upon noe
tearmes to suffer or pmitt them or any of them to be transported or
otherwise conveyed out of this Province untill the said Maior George
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4o6 Provincial Court Proceedings, 1660.
Liber Colclough and Elizabeth his wife shall giue in sufficient security
P. C R. befQr^ jne to appeare at the next Prou" Court to be houlden at Saint
Maryes on the 19^ day of this instant to answere the seuerall suites
commenced ag* them and abide Judgment of Court therein, whereof
you are not to faile as you shall answere the Contrary at your perill.
And for soe doing this shalbe your warr* Given at Saint Maryes the
6*** day of ffebruary 1660 Philip Calvert
7 ffebr. Hugh Bevin demands a Scire facias ag* Maior George Colclough &
Colclough Eliz : his wife Adm** of the goods Chatties & debts of Symon Overzee
her deceased husband to shewe cause why Eleuen himdred twenty
nyne pounds Tobacco should not be leuyed &c retom 19 ffebr to the
Prou" Court at S* Maries
P: 404 Hugh Benin the said 7*** day of ffebruary demands an Attachment
Harvey Upon the goods debts or Chatties of Thomas Harvy who (as tis
alleaged) Hues now in Virginia out of the Jurisdiccon of this Court
Attachment issued directed to the Sherriffes of Saint Maryes
County retom 19 ffebruary to the Prou* Court at Saint Maryes
Price V. CoUonell John Price 8*** of ffebruary demands a writt to arrest M'
^ Henry Meese marchant in an action of debt of i6oc^ sterl
Warrant mde to the Sherriffe of Saint Maryes County retom ut
supra.
Mills v. Peter Mills the same day demands writt to arreast M" Ann Ham-
Hammond . . p ^t
mon m an action of the
Warrant mde to the Sherriffe of S* Maryes County retom vt supra.
Herman v. Augustine Herman marchant this 8*^ day of ffebruary demands
^^ writt to arrest Maior George Colclough and Eliz. his wife Adminis-
tratrix to her late deceased husband Symon Overzee
Warr* mde to the Sherriffe of Saint Maryes County ret ut supra.
Roberts v. ffobby Roberts this day abouesaid demands a writt to arrest Wil-
"^^^ Ham Greene in an action of debt of 3006* Tob and Caske
Warrant mde to the Sherriffe of Saint Maryes County retom ut
supra.
Re Golden Thomas Harwood Comander of the Ship Golden Lyon of London
^^^ this 9*^ day of ffebruary demands the ensuing Contract to be entred
upon Record and the Protest made thereon, vizt
This writeing indented made the 25*^ day of July in the yeare of
our Lord God 1660 Annoq* Caroli 2: 12^ Betweene Thomas Har-
wood Comannder of the Ship Goulden Lyon of London now bound
upon a voyadge to Puttuxen and Seveme in Maryland on thone parte,
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Provincial Court Proceedings, 1660. 407
and John Hatch of London — ^marchant on thother parte, Wittnesseth Liber
that It is Covenanted and agreed by and betweene the said parties
to these presents for themselues their Executors and Assignes that
the said Thomas Harwood, or his Assignes or Company of the said
Shipp shall and will this present intended voyadge fetch or cause
to be ffetched and receiued aboard the said Ship with the Boate or
shallop of the same at and within the places and distance hereafter
mentioned the quantity of thirty hogsheads of Tobacco to be stowed
and carryed in the said Ship to the Port of London Holland or
Zeland as the said Ship shall make her discharge to be deliuered vnto
the said John Hatch his Executors or Assignes the .... of the ... .
and Enemies Executors and Assignes doth Covenant and Grant to P- 405
and w*** the said Thomas Harwood his Executors and Assignes by
these presents that the said John Hatch his Executors or Assignes
shall and will not onely make ready and provide or cause to be
provided at some place or places at or nere Wiccacomacoe ready re-
ceiued weighed and nayled where the Boate or Shallop of the said
Ship may safely come and not exceeding halfe a myle from the
water side the quantity of thirty hogsheds of Tobacco within thirty
dayes next after arrivall of the said Ship there, And within sufficient
tyme within the said dayes giue notice to the Master of the said Shipp
or his Assignes at what place or places all the said Tobacco shalbe
provided But also shall and will pay or cause to be paid unto the said
Thomas Harwood his Executors or Assignes at such place as the
said Ship shall make her discharge the sume of money or ffreight
hereafter mentioned that is to say if the said Ship shall make her
discharge at London then the Sume of Seuen poimds and Ten shill-
ings of lawfull money of England -p ton, And if the said Ship shall
make her discharge at Holland or Zeland then the sume of Eight
poimds of like money -p ton And soe after the same rate for a lesser
quantity then a Ton all at one entire payment upon deliuery of the
said Tobacco to the said John Hatch his Executors or Assignes at
any of the Ports or places aboue mentioned Together also with
primage average & other duties and charges accustomed and to grow
due and payable for or touching the said Tobacco accompting fower
Virginia hogsheds to a Tonn And to performance of the Couenants
and agreements by the said Thomas Harwood to be performed in
all things as aboue he bindeth himselfe and the Shipp Tackle and
ffumiture vnto the said John Hatch his Executors and Assignes in
the sume of ffowerscore pounds of lawfull money of England well
and truely to be paid by these presents And to performance of the
Couenants payments and Agreements by the said John Hatch and his
Assignes to be performed in all things as aboue he bindeth himselfe
his Executors and goods to the said Thomas Harwood his Executors
and Assignes in the like sume of ffowerscore pounds of like money
well and truely to be paid by these presents In wittnes whereof the
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4o8 Protnncial Court Proceedings, 1660.
Liber -pties aforesaid to these present writings indented haue interchange-
^- ^ ^ ably sett their hands and Seales Dated the day and yeare first aboue-
written John Hatch.
Sealed and deliuered in the p*sence of W" Bowne Thomas Wood-
ward his Seru*.
Whereas there was a Contract and Agreement indented, made and
Concluded bearing date the 25*^ day of July 1660 Betweene Thomas
Harwood Comander of the Ship Goulden Lyon of London of thone
parte, And John Hatch of London marchant on thother parte ....
p. 406 his Executors and Assignes .... to be fetched aboard the said Ship
within thirty daies next after arrivall of the said Ship in Potuxen or
Seveme in Maryland according ffower Virginia Hogsheds to euery
Ton, And whereas the said Thomas Harwood in the said Ship did
arrive in Patuxent on the 17*^ day of November 1660 And haueing
remained in the said Riuer and other Places within the said Province
with the said Ship men and Botes in areadiness to receiue and fetch
the said thirty hogsheds on Board the said Ship whensoeuer required
from his arrivall aforesaid vntill this present day, and hath not
yet receiued any Order from the said John Hatch his ffactors or
Assignes, or any Note or Notice from any of them for the receiueing
and fetching of the said Thirty Hogsheds or any parte thereof
aboard the said Ship. Therefore the said Thomas Harwood doth
hereby Protest as well against the said John Hatch his Executors
Adm" and Assignes as against all other persons whatsoeuer And
doth hereby declare that what damage shalbe made appeare to Ensue
for the Non performance of the abouesaid Contract and Agreement
may and shall rest upon the said John Hatch his Executors Adminis-
trators or Assignes according to the tennor of the said Contract and
Agreem* And I Philip Calvert Esquier Gouemor of the said Prov-
ince of Maryland vnder his lo^ Caecilius Lord Baron of Baltemore
Lord and Proprietary of the said Province Because the Protest
aforesaid was made before me haue herevnto sett my hand, and
caused his said Lo'*^ Lesser Scale of the said Province to be affixed
hereunto this 25*^ day of december 1660 Signed Philip Calvert
Bateman v. M*" John Bateman by his letter to the Gouemor dem^ aspedall
cTaL warr*, w** was granted as hereafter mentioned viz^ Vpon Com-
plaint made unto me by M' John Bateman that Guy Knowles, and
Richard Armstrong are nm away with his Bote. These are therefore
in the name of the Right honno"* the Lord Proprietary to Comand
you imediatly on sight hereof to make dilligent Search and inquiry
for the said persons and them haueing foimd to keepe in your Safe
Custody imtill you bring them before the next Prou" Coiut to be
houlden at Saint Maryes on the 19*** day of this instant to answerc
the Charge putt in against them by the said M' John Bateman. As
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Provincial Court Proceedings, 1660. 409
also you are required to seize upon the said M' John Batemans Bote Liber
w** they had, and the same deliuer to him, or his Order, and of this ^' ^' ^
you are not to faile as you shall answer the Contrary at your perill
And for soe doing this shalbe your warrant Given at S* Maryes the
9*^ day of ffebruary 1660
To the Sherriffe of Saint Maryes County or his deputy or To any
other Sherriffe or deputy Sherr in the Province of Maryland.
Nicholas Keitting the 13*** of ffebr 1660 demands a writ to arrest
Thomas Hethcott marchant in an action of the Case. Warr* mde to p. 407
the Sherr of S* Maryes County ret to the Prou" Court 19 ffeb. at S*
Maryes
Subp* ad testificand in diet O Jerem and John Metcalfe to the
same Sherr ret ut supra
Mary Warner widdow eod die dem*^ a writt to arrest daniell Warner v.
Qocker in an action of the Case. Clockcr
Warrant mde to Sherriffe of Saint Maryes County ret 19 ffebr ut
supra.
Sub ad testificand in dca C* Thomas Harper Joseph Edlo and
Thomas Wright at the request of the ph
Richard Russell demands a Subp* eod die ad testificand for Markes Russell v.
Phe)rpo and Martyn Kirke in the Cause betweene him and John ^^*^'i<*
Mastrick
Subp* ad testificand accordingly issued to the Sherr of Saint
Maryes County ret ut supra.
William Martyn eod die demands a Subp* ad testificandum for Martyn v.
EUynor Martyn in the Cause betweene him & daniell Clocker w*^** Clocker
issued to the Sherr of S* Maryes County retom ut supra.
Thomas Ward demands the like Subp' ad testificand for Patience Ward v.
Martyn in the Cause betweene him and daniell Qocker, w*^** accord- ^^^^
ingly issued to the Sherr of S* Maryes County retom as abouesaid.
Richard Collett this 14*^ of ffebruary demands the ensuing letter Utye's
of Attorney to be entred upon Record vizt AtTra ^^
Know all men by these presents that I Nathaniell Vtye of Balte-
more County marchant, doe appoint my loueing Vnkle M"" Richard
Collett my true and lawf ull Attorney for me and in my name to aske,
and receiue all such debts as are due to me in the Riuer of Patuxent
or Potomeck and to giue discharge for the same Wittness my hand
this 30*** of Nouember 1660 Signed Nath Vtie
Testes George Gould Smyth, Godfrey Bayley
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4IO Provincial Court Proceedings, 1660.
Liber Richard Games 13 ffebr demands a writt to arest Bennett Car-
G^^ v^ penter in an an action of ... .
Carpenter Warr* mde to the Sherriffe of S* Maryes ret as aboue said
p. 408 Scire facias issued at the suite of William Allen ag* Maior George
Cold^^ Colclough and his wife Adm** to Symon Overzee deceased for 2172*
Tob, According to an order of Court bearing date the Sixth of
October 1658 W** Scire facias was dated the 8*^ day of ffebruary
1660 retom to Prou* Court decimo Nono ffebruary then following,
directed to the Sherr of Saint Maryes County.
Bushell's Richard Browne came this day being the 19*** of ffebruary 1660,
Attoracy and demands the ensuing letter of Attorney to be entred on Record,
vizt
This present writeing testifieth that I William Bushell do herein
constitute and appoint my welbeloued freind Richard Browne in
Cherry Point Neck in the County of Northumberland in Virginia for
to be my true and absolute Attorney for me and in my name in all
causes or debts whatsoeuer in any wise vnto me belong within the
Province of Maryland. Giueing and granting to my said Attorney
as full power as any Attorney hath or ought to haue As witnes my
hand this Second day of Nouember 1660 W" Bushell
his C marke
Sealed signed and deliuered in the sight of Robert R H Holt
John X benson
Re Hutt M' Daniell Hutt this 21^ of ffebruary demands the Ensuing to
be entred among the Records of the Prou" Court viz*
New Port the 8*^ of June 1660
M*" Daniell Hutt you being Master of the Ketch Johns Adventure,
and being now bound to the Barbados My advice to you is that you
take the first opportunity and sett saile, and being arrived at the
Barbados, Deliuer your Letters and the Mares and horses to M""
daniell Browninge desiring speedy dispatch, but in Case M*^ Browning
be not there, if it may be without detaineing of you I desire you will
sell a Mare or horse or two to procure these things as followes 10 or
12 barrells of very good Rum 10 Barrells of good Malases 3 or 4
barrells of Muscovado Sugar for our owne store 100 weight of
good white Shugar, Two good baggs of very good Cotton wooll,
and being dispatcht deliuer at your Retoume these things at my
howse in New Port, and come to Boston with the Rest, but in Case
it proue late in regard of your voyadge to Virginia, if you haue such
as you confide in to bring the Ketch about, you may come to Boston
by land takeing a horse at my howse in Newport, this desireing your
welfare and the presence of God with you I remaine
Your freind William Brenton
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Provincial Court Proceedings, 1660. 411
New Port on Road Hand the 23*** of Aug. 59. Liber
M Daniell Hutt you being Marchant of the Pinke Adventure being p. 409
now bound to Virginia, and there being shippd by me William
Brenton, and there to loade and dispose of the said Pinke Adventure,
The Charge amounting to the sume of Six hundred ff orty Six pounds
Ten shillings and Six pence as appeares by speciall bills of percells
Invoices and ingagements due in Virginia, My Order and advice is
that you endevour to loade in Virginia with good Leefe Tobacco and
send her to the Manadas and there order or Consigne the said
Tobacco to such person or psons as you can best confide in for my
advance if you cannot come your Selfe, But in Case you be dis-
couradged to come to Manhades you may come or send it to me at
New Port, And Because the Pinke is too small for my imployment
if you can I desire you would endevour the Saile of her, And if you
can meete with one in her steede. In all your transactions both in
sayles and retoume, and in the disposeing of the Pinke, and in
buying another all to bee imployed to and for my use I leeue it to
your mannadging, desiring you to informe me by all Conveniences
of the transactions of your business I did wright to M' Edward
Prescott, and did referr him to yourselfe in my behalfe, about loading
some parte of his Vessell with Tobacco for Hambrough. If you
doe any thing in it agree up** what tearmes both for the freight to
Hambrough and home, and what part or -pcell of goods shalbe myne
uponvthe retoume of the vessell to be deliuered at Newporte on Road
Hand Remember me kindly to my Cosen Prescott I aduised him I had
left the mannadging of my buisness to you, and if you see what I
write to him you may be better informed of my proposalls, Thus
desiring you euerlasting welfare I remaine
Your loueing f reind and imployer
William Brenton
This day being the 23*** of flFebruary came Cap" Thomas Com- Re Abington
waleys on behalfe of M*^ John Abington and desired the ensuing
might be recorded vizt.
from Bristoll 30*** of August 1660
M' Abington and loueing f reind I kindly salute you &c. S"" Not
hearing from you by any of the London Ships w** came from Vir-
ginia I thought good to write a few lynes to you, giueing you an
accompt of the ffower hogsheds of Tobacco w** I brought ouer for
you, I haue sould them at the best rate I could and haue receiued the
sume of twelue pounds w*^^ is all due to you, Custome and Excise
.... and paid, but not hearing from you how to dispose of it I p. 410
thought good to lett the moneys remaine in my hands, and not to
send it to you before I haue receiued further Orders from you, how
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412 Provincial Court Proceedings, 1660.
Liber to dispose of it, Tobacco was at a very Lowe Rate when I sould it,
P. C R. j^jjj what Orders you shall send to me, to dispose of your moneys I
shall obserue and satisfie your desires therein. Thus Committing
you to the protection of the Allmighty I remaine
Your assured loueing f reind
Richard Ward.
To my very Loueing f reind M' Abbinton Lining in S* Maryes
Riuer in Maryland.
Know all men by these presents That I Thomas Heathcott of
BristoU marchant do acknowledge to owe and stand indebted vnto
John Abington of the Crosse in the Province of Maryland the sume
of three pounds ten shillings of lawfull money of England for a
valluable Consideration in Tobacco already receiued by me the said
Thomas Hethcott W** said sume of money is to be paid to the said
Abington his Attorney or Assig^es within thirty dayes after the first
and next arriuall of the good Ship called the Providence of Bristoll
aforesaid John Hoskins Commander, and for the true performance
of w^ pa)mient to be well and truely made I binde my selfe my heires
Executo" Administrators and Assig^nes firmely by these presents
without any demurr delay or Exception of any thing or pretence
whatsoeuer, onely excepted that the said Ship be not taken by any
Enemy or Cast away before her first and next arrivall after the date
hereof at her Porte of deliuery In either of which Cases This obliga-
tion is to be voide or else to stand in full force and vertue. As witt-
ness my hand and Scale this 22*** day of ffebruary Anno dui 1660
The moneys is to be paid in the Citty of Bristoll agreed upon before
the Signeing hereof Signed Tho : Heathcott
Sigfned sealed and deliuered in the presence of vs Edward Packer
Thomas Daniells
4" Mardj This day came Thomas Jnnis of Jnnis Choice in Saint Maryes
p\ii County, and acknowledged himselfe indebted vnto the Lord Proprie-
Ortoiary tary of this Province in the Sume of One Thowsand pounds Tobacko
^^'^ and Caske. In Case the said Thomas Jnnis for the space of fine
whole yeares next ensuing the date hereof shall suffer or permitt any
euiell rule or order to be kept in his said howse at Jnnis Choice,
especially upon any the Lords dayes called Sundayes by gameing or
exorbitant drinking during the type of diuine Service, or shall suffer
any Seruants or Apprentices to remaine Tipling or drinking in his
howse without their Masters privity, or shall sell or giue such Ap-
prentices drinke occasioning their disorder thereby or shall sell
drinke by retaile at greater price then is allowed by an Act of Genner-
all Assembly in that behalf e prouided. Tho Junes
Recognit Coram me eodem die Peter Bathe 1660
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Provincial Court Proceedings, 1660. 413
Philip Calvert Esq' Goueraor of this Prouince of Maryland vnder Liber
the Right honno**'* Caecilius Lord Baron of Baltemore absolute Lord ^* ^
and Proprietary thereof. To Thomas Jnnis of Jnnis Choice in Saint
Maryes County, Sendeth Greeting in our Lord God Euerlasting.
Knowe yee That I Philip Calvert Gouemor aforesaid vpon good and
Credible report to me made by diuers Inhabitants of this Province
that the said Thomas Jnnis is a man mette to keepe an Ordinary or
Inn in the howse where he now dwelleth at Jnnis Choice for the
Convenience and entertainement of sundry the Inhabitants coming
and resorting upon their Occasions to Saint Maryes Haue licensed
allowed and admitted, and doe by these presents license allow and
admitt, the said Thomas Jnnis to keepe an Inn or Ordinary for fine
whole yeares next ensuing the date hereof. So that the said Thomas
Innis suffer not any euiell Rule or Order to be kept in his said howse
during the tyme of this his said License for the useing of which
license accordingly I the said Philip Calvert doe you to witt that I
haue bound the said Thomas Innis in one thowsand pounds of Tob
and Caske by Recognizance to the Lord Proprietary of this Province
In wittness whereof I haue herevnto sett my hand, and caused his
\o^ lesser [seal] of this Province to be herein to affixed this fowerth
day of March 1660
At a Prouinciall Court held at Saint Maryes on Tuesday the 19*** p. 4"
offfebruaryi66o ^^/;^
Present Phillip Calvert Esq' Gouemor, Henry Coursey Secre-
tary, Robert Clarke Esq' Baker Brooke Esq'
if
The Plantiffe demands in remaine of a Bill of fine thowsand two John Harris
hundred twenty ffiue pounds Tob and Caske the sume of Two thow- tj^^'^"*
sand ffower himdred Sixty One poimds, W^ being confessed by the Coursey v.
deft to remaine due, The Judgment of Court is that Order pass for 3^^/^^
the plantiffe against the defend* for the said Sume of Two Thowsand Admr to
ffower hundred Sixty One pounds Tobacco and Caske with Costs of 3^1^^/
suite, and soe accordingly ordered. dec<i
M' John Bateman Administrator to Thomas Belcher deceased Comwalcys
came this day into Court, and acknowledged Judgment for two acSiYiv'"*"
hundred Eighty Eight pounds Tob and Caske due by bill from the
said Belcher to Captaine Thomas Comewaleys. Wherefore it is
ordered that the said M' John Bateman shall forth with pay the said
288* Tob and Caske to the said Captn Thomas Comwaleys.
And it was then likewise ordered that the Generall discharge here-
after mentioned shalbe entred on Record vizt
Know all men by these presents that I Thomas Belcher of Patux-
ent Riuer in the Province of Maryland doe freely acquitt and dis-
charge Thomas Comwaleys of the Cross in the foresaid Province
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414 Provincial Court Proceedings, 1660.
Liber Esquier from all debts dues and demands whatsoeuer from the
P. C R. begining of the world to this present As wittness my hand this
present 24*** of Aprill 1659 Signed Thomas Belcher
Test John Bateman Richard Hotchkeys
Eodem die Present the aforenamed Councellors and M' John
Bateman
Nicholas The plantiffe haueing desired a Scire facias ag* the deft to shew
V. daoieU cause this Court why hee should not pay the pit the fees due to him
Clocker for the imprisonment of the defts wife when shee was indicted of
fellony, And the deft then answereing that shee was, by Generall
Pardon not to pay any. The Court haueing fully debated the matter
thought fitt, and haue soe ordered that when the pit should ascertaine
his ffees and bring the same into Court Order should pass against the
deft for the fees And accordingly the said Cap" Nicholas Guyther
p. 413 brought in his said accompt as followeth vizt Daniell Clocker debtor
for fees due for his wifes imprisonment
To 7 dayes imprisonment at 40* Tob p day is 280* Tob
To 2 Juryes 246* 240
To Entry and Release 020
To 4 mens attendance upon the Guard 5 dayes
at 30 p day p head is
And therefore the deft is ordered to pay the pit according to the
said accompt
Attorney A writt was issued this day Signed by the Gouemor directed To
Gerard the Sherriffe of Saint Maryes County to keepe in safe Custody M*"
ct al. Thomas Gerrard Joseph Wicks and Thomas Hinson to answere the
Court in such matters as shalbe obiected against them on the behalf e
of the Lord Proprietary
codem die Whereas diuers vexatious suites haue of late by diuers persons for
Debts small causes bene Commenced in the Prou" Court of this Province
w** might both for the valine and certaine knowledge of the matter
haue bene tryed in the County Comts It is ordered that from hence-
forward no Suite shalbe originally commenced in the Prou" Court
for any thing under the valine of fifteene hundred Pounds Tob, And
for the more orderly proceeding for the future in all causes Ciuill, It
is further ordered that the Clearck shall incerte the certaine dayes for
retoume of all writts into the Court, appointing for euery day
twenty Causes at w*^** daies if the plantiffe by himselfe or Attorney
appeare not he shalbe nonsuited, And if the defendant appeare not
either by himselfe or Attorney Judgment shall pass by default. And
it is further Ordered that the Clearck cause a Copy of this Order
to be affixed at the Court doore forthwith, and a list of all causes that
day to be tryed for the future euery momeing before the Court sitt
All present except M' John Bateman
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Provincial Court Proceedings, 1660. 415
Vpon reading of the former Order of the Prou" Court dated the Liber
II*** of december last and consideration had of the Retoume of the MrSohn
Jury impannelled to that purpose. It is ordered the Jureys verdict Bateman v.
be entred upon Record w^ is as f oUoweth Pati4^on
December the last 1660, according to an Order of a Prouindall ^^^^^^^^
Court there was a Jury impannelled to inquire conceaming the land Mills
in dispence between M' John Bateman Esq' and William Mills John Y*^* P^^^
Bagby and the rest w*^** was ^ *
Imp' M' George Reade
Thomas Howe
Hinderson
Guie White
James Barham
W^Loyle
The Jury abouemed haueing dilligently viewed the woods, and p. 414
found the said S* Nicholas Creeke, and found the Path mentioned in
the Pattent of Captaine Comewaleys deliuered their Judgments
vnanimously that the said Creeke and Path is included in the said
Pattent to Capt" Comwallis, W** they found to Run according to the
Pattent and Certificat, and further they conclude that the deft haue
seated the land mentioned in the aforesaid Pattent of Cap" Com-
waleys, And this is the Judgment of the Jury Swome by the Sher-
riffe as Wittnes my hand the day aboue mentioned
George Reade foreman.
And whereas by the said Verdict it was found and vnanimously
retoumed that the Creeke and Path included in the Pattent to Cap-
taine Comewaleys and possessed by the defend** is foimd to run
according to the Pattent and Cetificat, And the said land being sould
by the said Cap** Comwaleys to the pH It is ordered according to the
said Verdict that the said land be to the ph and his heires for euer,
And the defts to pay Costs of Suite
To the honno**^* the Governor and the rest of this honno^'* Court Bagby v.
The humble petition of John Bagby Sheweth That whereas your
petitioner bought a parcell of land of Richard Preston, and the said
Preston was bound by condicon to defend the said land in all suites
of lawe, and your pet' hath bene arrested conceaming the said land,
and the said Preston should haue appeared to answere the said suite
and to pay all charges that should arise thereby as by Condition will
appeare The premisses Considered your petitioner humbly Craueth
Order that the said Preston may be compelled to make satisfaction,
according to Condition with Costs of suite And your pet"^ shall pray
The Condition
Knowe all men by these presents that I Richard Preston doe
assigne and make ouer vnto John Bagby and John Webb all my
right of two hundred acres of land upon the West side of a Creeke
called Harries Creeke upon the Sowth Side of Patuxent Riuer,
Preston
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4i6 Provincial Court Proceedings, 1660.
Libcr according to the bounds laid out to me the said Preston expressed in
P.C.R. ^jj^ Certificat dated August 13*** 1651.
And whereas Captaine Thomas Comwaleys pretendeth some Right
p. 415 vnto the said Two hundred acres of land These Suite or Suites in
lawe conceaming the same, And if in Case the said land be recouered,
by the said Cap" Comwaleys then the said John Bagby and John
Webb is to make their Composition with the said Cap*" Comwaleys,
and the said Preston to pay all charges in the Suite, and to surrender
the said land. And if any Tobacco be receiued for the said land by the
said Preston, and the land not proue the said Prestons as aforesaid
that then all such sume or Sumes of Tobacco soe paid or received as
aforesaid shall by the said Preston or his Assignes be repaid back
againe to those to it shall belong. In wittness whereof I the said
Richard Preston haue hereunto sett my hand this Seuenth of October
1654 Signed Richard Preston
Signed and deliuered in the presence of ffrancis Lacie William
Harper.
It is ordered that Richard Preston shall forthwith pay to the said
John Bagby the Tobacco which he paid the said Preston for the
land in the petition mentioned Together with the said Bagbyes part
of the Costs of Suite expended in the Cause betweene John Bateman
plantiffe, Robert Patrickson, William Mills and the said Bagby def ts
conceaming the said land.
V ^Bu^ett ^^ *^^ honno^** the Gouernor and Councell of Maryland
The himible petition of Thomas Tmeman Sheweth that your
petitioner bought of M' Burdett ffower Cowes, three young Bulls,
and two Heiffers to be deliuered at M"^ Stanleys Plantation, and your
pet"" did before his going for England Receiue three Cowes and one
Bull by M' Burdetts Order, and Spring was twelue moneth M"^
Burdett promised to bring the rest of the Cattle to your pet" Plan-
tation, but being sick neglected it, since which tyme one of the
Heiffers is dead, and since your pet"^ came into the Countrey againe,
M"^ Burdett promised to deliuer one at his plantation in the Roome of
that which was lost, and ordered your petitioner to take his other
Heiffer with the rest of the Cattle at M' Standleys your pef went
up with a shallop to fetch them downe this last Spring, and M"^ Stan-
ley denyed to lett your petitioner haue the heiffer, and saith that M*"
Burdett sould her to him, The premisses Considered your Pet^
Craues Order that the petitioners owne Heiffer at M^ Stanleys may
be deliuered upon the pet" plantation with her yeares milke with
p. 416 Costs of Suite And your pet"^ shall euer pray &c.
Executio mde Vpon reading of w*^*^ petition Judgment was ac-
knowledged by the said Thomas Burdett for the Cattle and milke as
by the petition desired.
The Court is adiomed till 9 of the Clock tomorrow moming
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Proznndal Court Proceedings, 1660.
417
Wednesday 20® ffebr, Present as yesterday
The Ph suies the deft for two thowsand pounds Tobacco as by a
Note vnder the hand of the said Thomas Belcher more at large
appeareth (vizt) Captaine Gu)rther I pray faile not to pay vnto
Captn Tilghman for my use, two thowsand potmds of Tobacco w**
is for soe much goods bought of him here, therefore I pray besure
to make him good payment, for it will much conceame my Creditt,
and in doing this for me you will obliedge S*"
March the 4*^ 1658 Your f reind to Serue you
Tho: Belcher
In presence of Henry Coursey
And upon oath made by the Comph in open Court that hee was
not paid any parte of the said sume, The Court Ordered the deft
to pay the said sume of Two thowsand pounds of Tobacco forthwith
with Costs of Suite.
Liber
P.CR.
Feb. 20
Captaine
Samuell
Tilghman v.
Mr John
Bateman
Adm' to
Thomas
Belcher
deceased
Roger Moore Son to Richard Moore late of Patuxent deceased Moore v.
came this day into Court and complaines against John Hambleton * **^°
Reputed Guardian to the Complainant that he does not giue him
Clothes &c W** Cause is hereby referred to the County Court to
doe therein what is fitt and iust, And it is further ordered that M'
William Ewens take into his Care the Complainant, and to furnish
him with such necessaries as is fitting vntill further order from the
said County Court.
The Plantiffe demands Come and Qothes according to the Cus- W« Knags
tome of the Coimtrey after serueing his tjrme w*** the deft of fower ^^f*^*^
yeares. To w*^** the defend* answered that he bought the pH for
Seuen yeares, and there being no Indentures, and by the examination
of one upon oath swome in open Court that hee heard the pit say
there was Indentures drawne for his serueing yeares, but did not
signe to the same. And the Court haueing referred the matter to a
Jury they retoumed their Verdict as followeth
The names of the Jury p. 417
W« Styles
M' John Luger
Hugh Benin
Richard ffoster
W« Harper &
James Thompson
Jur
M"^ Richard Smyth foreman
Walter Pakes
M*" Nicholas Young
Michaell Basey
Daniell Clocker
W" Browne
who retoumed thus
The Verdict of the Jury wherein they haue agreed that a Seruant
comeing in at Sixteene yeares of age w*^out Indentures ought not
to serue aboue ffower yeares according to the Custome of this
Province, And It is furthermore agreed upon by this Jury upon
27
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4i8 Provincial Court Proceedings, 1660.
Liber further and Serious viewe taken that the ph hath sufficiently fulfilled
^' ^' ^ and compleated his servitude according to the Custome of this Prov-
ince Signed Richard Smyth foreman
who was agreed by the rest of the Jury to speake for them The
Judgment of the boord is that the ph haue his Come and Clothes
of the deft according to the Custome, and the deft to pay Costs of
suite in this Cause, and that the pft haue his freedome according
to the Verdict of the Jury and accordingly it is soe ordered.
one wittnes 4 dayes coming & goeing & 2 dayes attendance at 30*
p diem 180^ To the Jury
Refusal to James Rigby presented to the Court for denying to take the Oath
\^ of Constable, who being called to this Court, and that hee in open
ith Court denyed to take his Oath to seme as Constable. It was putt
to the vote of the Boord how long he should be imprisoned for his
contempt of this Court in that particular whereupon the Court or-
dered that hee be Six monethes imprisoned
The Sheriffe of An Amndell County is to keepe the said James
Rigby Prisoner for the tyme in the aboue said order mentioned.
• V. To the Right honno^^* Gouemor and Councell of the Province of
^^ Maryland
The humble petition of Thomas Hawker, Humbly sheweth That
whereas your Pet^ haueing compleated his tyme of servitude to M""
Thomas Mathewes, And at the expiration of the said tjmie your pet^
|i8 did deliuer up his Condition vnto the said M' Mathewes in the
presence of M' Richard Willan and Bryan dayley, desiring M' Math-
ewes to reade the same in their hearing, whereby they might vnder-
stand what was therein properly belonging to your pet^ for his tyme
of Service, which the said M' Mathewes denyed to reade the same
and putt it up, whereupon your pet"^ demanded his Right of wages
according to what the Condition did bind the said M' Mathewes
vnto, w** was to pay unto your pet', at the expiration of the t)mie
therin mentioned the full valine of ten pounds sterling to be paid in
Cattle wherupon there is one Cowe and one Steere that were marked
for your pet' in parte of pa)mient, w** said Cattle with what more
shall surmount to make up the valine of ten pounds. The said M'
Mathewes denyeth and detaineth to make payment Wherupon your
pet' humbly desireth your honnors to order your poore pet' his
Right according to lawe and iustice wherein
Your Pet' shalbe euer bound to pray
Thomas Ward aged twenty three yeares or thereabouts swome in
open Court Deposeth by vertue of his Oath that he read a Condition
betweene the pit and defend* that the plantiffe was to seme the
defend* ten yeares, and at the expiration of his t)mie the deft was to
giue ten poimds sterling or the vallue thereof vnto the pft, and if the
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Provincial Court Proceedings, 1660. 419
Cattle w** the defen* shold giue vnto the pit had not bene worth the Liber
said sume to choose two men, and what they should agree, that M' ^* ^' ^'
Mathewes was to make good the full valine of ten pounds.
Thomas Griffin aged twenty one yeares or thereabouts Swome in
open Court deposeth by vertue of his Oath that there was a condition
betweene the plantiffe and defend* and the defend* gaue the pft two
yeares of his tyme, and a Cow Calfe, and in case that this Cowe Calfe
did not amotmt to the valine of ten pounds then both parties were to
choose two men to decide the Controversy betweene them, and what
they did agree, M' Mathewes should giue to make up the full valine
should be given accordingly
The petition of the said Thomas Hawker being read, & the exami-
nations of both the said wittnesses considered The Court therefore
ordered the deft to pay the pet*" the full valine of the ten pounds
according to condition with Costs of suite
The Complainant sueth for to know by what power he the said p. 419
deft purchased a Catch from him for the vse of M' Brenton of New ^^^king
England, To w** the deft consents and produces to the Court a lere d Attorn,
from the said Brenton dated the 23*** of August 1659 The Court p^^^f ^
orders that the said Letter be recorded and Copy thereof giuen to the Danidl
Complainant Vif 2 litters
entred fo.
Seuerall warrants issued to the respective Sherriffes of the Coun- Grand Jury
ties hereafter mentioned to retoume members to a Grand Jury, who
retoume as foUoweth vizt
The Sherriffe of S* Maryes County
M' Robert Cole M' John Waran M' Richard Bennett
M' Richard Lloyde M*" W" Browne M' Walter Pakes
Calvert County
Beniamen Brasheers M' Thomas Trueman M' William Ewens
Hugh Stanley M"^ Arthur Ludford George Peake ret. lame
Ann Arundell County
M' Samuell Withers — chosen M"" Edward Towning retourned lame
foreman. Thomas Meares refused the Ooth
M"^ Roger Grose Richard Beard also refuses &
M"^ Anthony Sallaway Phillip Thomas also refuses.
Kent County
M' W" Leedes M^ Thomas Ringould M' Nicholas Pickard.
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420 Provincial Court Proceedings, 1660.
Liber So as all except those retoumed lame & who refused to sweare
were this day swome, as a Grand Jury.
M** that the refusers to sweare forfeit their issues
I^ell The G>mplainant sueth for a hogg w** he and his Son in Lawe
XhOTias Thomas G>urtney had killed in the low grounds, it being his owne
Wnf^ *"<* and that leaning him in the woods for a short tyme and carryed
dSts him away to the howse of the widdow Martyns. Vpon the Confes-
p. 430 sion of the defts that they did Carry the said Hogg as abouesaid It is
Ordered that the defend* restore the said Hogg againe or the full
valine thereof with G>sts of Suite,
HawkiM j^ To the honno"' Gouemor and CounceU
The htmible Petition of John Hawkins Sheweth whereas danidl
Hutt being Attorney of M' William Brenton of New England
marchant, Your pet' humbly desireth that the said M' Daniell Hutt
may be compelled by this honno^* G>urt to giue so sufficient security
to your Pef that his Pay may be ready according to the tenno' of
the Bond And y' pef shall euer pray as in duty botmd.
The Pef haueing not stated his suite legally, It is ordered that a
Nonsuite be in this Cause.
Utyc V. To the Right worshipfull Philip Calvert Governor, and the Rest
^ of the Coimcell of Maryland
The humble petition of Richard Collett Attorney of M' Nathan-
iell Vtye, Sheweth that whereas Stephen Garye standeth indebted as
by Bills will appeare the sume of One thowsand one himdred and
Sixty two pounds of Tobacco and Caske, whereof I haue assigned
ouer ffower hundred and twenty pounds of Tobacco in Caske of the
Eight hundred bill to M' William Hampstead, so there remaines due
upon them bills Seuen hundred fforty two pownds of Tob in Caske
upon them Bills, More upon accompt upon Booke for goods three
hundred and Six pounds of Tob in Caske, so there is due to M^
Nathaniell Vtye one thowsand fforty Eight pounds of Tob in Caske
w^ your pet' Cranes order for present pay, with Costs of suite
And your petitioner shall pray
Vpon reading of w** petition, and that the defend* confessed to be
owing the ph three hundred Sixty two potmds Tob and Caske for w^
he was indebted by bill to Thomas Belcher deceased or his Assignes
dated the twentith of September 1655, It is ordered that the defend*
forthwith pay to the ph the said three hundred Sixty two potmds Tob
and Caske with Cost of suite. And for the Rest of the Bills and
Reckonings in the pet" mentioned in regard the pit produces no
authority to receiue them he denyes pa)mient to the pit
T
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Provincial Court Proceedings, 1660. 421
To the honno**'* Governor & Councell Liber
P C R.
The humble petition of Walter Pake Sheweth that whereas James Pakc v.
Veitch stands indebted to the pet' the full sume of ffower hundred Vcitch
.... hand doth appeare, And the Pet' accepting of his note with the p. 421
Consent of the said James Vech, and since M' John Hollis being
fatally killed your pet' is outed out of his Tobacco to his great loss
and damages. May it therefore please this honno^ Court to con-
sider the premisses, and grant your pef an order for his Tob with
Cost and damages. And hee shall euer pray as in duty botmd :
Whereupon the pet' produced the ensuing note and assignm**
thereupon, Vizt Maior Hallews S' haueing this opportunity I thought [Bellows
good to write to Conceaming John dandy, Belleys and other Tulls jj^ij?*^
that you haue in your Custody M' Smyth has gott a order for you
upon John Dandyes estate for 498* Tob that I will ingage to pay to
whom you will please to appoint, S' I had order from the Court to
write conceaming the Tooles of John Dandy w** I hope you will
deliuer to his wife In soe doing I rest yours to comand
James Veitch
This 15*** of October 1657 Assignm*
M' Veitch pray pay this Tobacco to Walter Pake Oct 30*^ 1657
John Hollowes.
And the defend* by his Attorney Gyles Sadlier appearing and not
makeing any thing appeare matteriall why the pet' should not be paid
fowre hundred N)mty Eight pounds Tob and Caske due by the note
aforesaid. The Court thought fitt, and soe ordered that the pet' be
paid the said 498* Tob and Caske w*** Costs suite by the deft.
Veitch his letter of Attorney to Sadlier
Know all men by these presents that I James Vech doe constitute
and appoint my loueing f reind Giles Sadler gent my true and lawfull
Attorney for me & in my name to answere any suite or suites depend-
ing in this Prou" Court, and what my said Attorney doth I doe
hereby ratify and confirme as if I were personally present, As witt-
nes my hand this 16*** of ffeb 1660 Signed James Veitch
Testes John Reede ff rancis Jackson.
To the honno^^* the Gouemor & Councell Kedgcr v.
Tavlor
The humble petition of Walter Pake Attorney for M' Robert
Kedger Sheweth that whereas M' Robert Taylor standeth indebted
to your petitioner the full sume of Seven hundred pounds Tob and
Caske, as, by specialty vnder his hand doth appeare, The premisses
Considered the pet' humbly Craueth an order for his iust debt. And
your pet' shall allwaies pray as in duty tie is bound
And the def ts Attorney M' Thomas Manninge denying the Bill w^
could not then be proued. This Cause is nonsuited, and the pit to
pay Costs of suite.
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422 Provincial Court Proceedings, 1660.
Liber In regard the ph doth not proceede in this Cause ag* the defend*,
0.4^ It is ordered on motion of M' W™ Hardidge Attorney for the deft
John Hobbs that this Cause be dismissed, and the ph to pay Costs of suite for his
Go^^^ais vniust vexacon in this Cause,
dowk deft
Re Allen Roger Allen seruant to M' Henry Coursey coming into Court,
And in r^;ard hee had no Indentures, and being very young, and that
the Sence of the Boord was demanded what tyme they thought fitt
the said Roger should seme The Court deliuered their opinion that
he should serue fore Six yeares.
Coll Na^: Vpon perusall of all ace** & papers belonging to this Suite the
Attorney Court doth finde that the ballance of ace® is 173* tob. due to the
CoiiH*^^ • Complt which is ordered accordingly :
Wm Bretton
Thursday 21*'' of ffebr
Present as aforesaid
Feb. 21 To the honno"* the Gou' & Councell of Maryland
Brockett v. -^
Marsh The htmible petition of Samuell Brockett Sheweth that whereas
your petitioner has right in behalfe of his wife to a Tract of land in
Kent, and M" Sarah Marsh vniustly detaines it from your pet',
your pet' humbly Craues order peaceably to enioy the said land. And
your pef shall pray &c
The deft M" Sarah Marsh by her Attorney M' Richard Smyth
answeres that shee does not knowe whither of right the pit ought to
demand the land in the pet" mentioned. To w** the ph produced in
Court a Certificat w*^*" is as foUoweth (vizt) Wee whose names here
are vnder written doe declare that An the wife of Samuell Brocket
was the daughter of John Abbott of the Isle of Kent in the Province
of Maryland, and this wee can depose when we are lawfully called
The H H. marke of Hannah Lee Andrew A Basha his marke.
W*** w^ the defts Attorney rested satisfied; and thereupon this
Cause is respitted by the Court till next Prou" Court
William To the honno**** the Gouemor and Councel of Maryland
Styles p
Attorn. The humble petition of William Styles Sheweth That whereas
Maningc v' J^^ ^^'^ ^^^^^ ^^ ^^^ disposed of a Servant the space of a yeare or
John Pile thereabouts pretended to your pet' a Right in him, and sould the same
^'AomM Servant (w** he formerly had Humbly Craues that the said
Tumor And Upon full hearing and debate of the Cause on both sides, The
P- 423 Court found no cause of Suite, and therefore non suite was graunted
in this Cause.
Know all men by these presents that I John Piles of Saint Maries
in the Province of Maryland gent haue constituted, deputed and
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Provincial Court Proceedings, 1660. 423
Ordained, and by these presents in my place and steed do constitute Libcr
depute and Ordaine my loueing freind Thomas Turner of Saint ^-^-^
Winifride in S* Qements bay gent my true and lawfull Attorney to
appeare make answere and defend for me and in my name in all
manner of actions Comenced against me the said Piles by W"
Tethershall and W" Stiles of S* Maryes County Planters, and what
my said Attorney shall lawfully Act, and do in the premisses I the
said John Piles doe hereby owne ratify and confirme the same to be
.... and cravd allowance of fifty nyne pounds Tob and Caske p. 424
by vertue of a letter of Attorney from William Tenahill to him to
that purpose, as by the said letter of Attorney hereafter menconed
more at large appeth vizt
Know all m<
stitute Henry
lawfull meanes
as Cornwaleys
Abington for t
and Caske An
shall lawfully c
Wittness my h
Wittnes Joh
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4^4 Provincial Court Proceedings, 1660.
Liber W** ffifty N)me pounds being allowed There remaines due to the
P. C R. pi^ ^Q hundred Nynty two pounds Tob and Caske. The Judgment
of the G>urt is that the deft pay forthwith to the ph the said 292*
Tob and Caske with Costs of Suite.
Feb. 22 ffryday 22 ffebr Present as aforesaid
Indemnity To the demand of the Grand Jury (vizt) Whither as a Grand
Jury it belongs to vs to take notice of his Ma**** gennerall Act of
Indempnity
It is answered by the Court that considering they are swome onely
to inquire what offences haue bene comitted not what haue bene
pardoned, they do iudge that as a Grand Jury it belongs to them onely
to take notice of what hath bene committed
Signed by appointm* of the Court P Bathe
Thomas The ph desires Eight thowsand three hundred thirty Eight potmds
his^Attora^ of Tob due by the deft by bill dated the 29^ of March 1659 payable
John the ID*"* of Nouember following, as by the said bills assignment and
^^Abraham ^^^^^ ^f Attorney thereupon more at large appeareth vizt This Bill
Sheeres bindeth me Abraham Shears of Surrey County his heires or Assignes
to pay or cause to be paid ynto Thomas Adams of the Isle of weight
County his heires or Assignes the full and iust sume of 8338* of good
sound marchantable Tobaccoes according to the Act now established
payable at or before the tenth of Nouember next ensuing the date
of this presents at some convenient place in the County of Surrey,
As wittness my hand this
p. 425 I doe assigne ouer all my Right, Tytle and intrest of this within
specified bill to M' John Hawkins, wittnes my hand this 15^ of
december 1660. Tho. Adams
Test Edward Bushell
M' John Hawkings pray doe me the fauor as to recouer from M'
Abraham Shears being now as I heare at Wiccocomako the within
specified Sumes either by lawe or otherwise, and what you shall doe
therein I shall ratify and allow of as an action of my lawfull and
deputed Attorney Wittnes my hand this 15*** of december 1660
Test Edward Bushell John Pierce. Tho : Adams
To all w^ the defend* answered that p duress of imprisonment hee
was forced to giue the said Bill to the ph, and it being putt to the
vote whither a lawfull imprisonm* or not
M' Lloyd is of opinion that it is a lawfull imprisonm*
M"^ Bateman that it was no lawfull imprisonm*
M' Brooke the same with M"^ Bateman
M"" Qarke that it is a lawfull imprisonm*
M' Coursey the same with M"^ Clarke
The Gouemor that it is noe lawfull imprisonm*
And it being by the Maior Vote of the Board resolued that it is no
lawfull imprisonment, A non Suite is granted in this Cause.
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Provincial Court Proceedings, 1660. 425
A Subp' ad testificand issued for M"^ Mathew Clarke in this Liber
Cause & was retomed. ^* ^' ^
To the honno**^* the Governor and Councell of this Province £olc v.
True
The humble petition of John Abington Attorney of Richard Cole
Sheweth that Richard True doth owe and stand indebted to the said
Cole the sume of fower hundred pounds of Tob and Caske as -p
specialty may appeare. Your pet" humble request is that he may
haue an order of this honno^** Court for his debt with damage and
Charge of Suite, And he shall pray
W^ Specialty in the pet" menconed being produced in Court, and
the deft confessing Judgm* thereupon. It is ordered that the deft
pay the said ffower hundred pounds Tob and Caske together with
Costs of suite in this Cause. It is likewise ordered that the specialty
be Cancelled.
The Plantiffe demands one thowsand Pounds ster. of the deft ^^^^^
Elizabeth according to a Bond entred into by her in the tyme of het Herman
viduity as Administratrix to Symon Overzee deceased her former Att^^
husband. To w*^** the defts by tJieir Attorney M"^ Thomas Manning Richard
pleaded shee was no Administratrix haueing no law full letters of MaJ^ ^'
Administration. George
Therefore it was putt to the vote of the Boord whither the Bond E?iz h^
stood vallid as Administratrix or not, and the Vote was as f oUoweth ^^f^ ^y
M' Edward LLoyd is of opinion that she was no Administratrix at Attorney
the t)mie of entring into the Bond, M' Bateman the same opinion ^^ Thomas
with M' LLoyde, M' Brookes sales that it is a Bond for Arbitracon,
M"^ Robert Clarke that she was Adm**, M"^ Coursey in all equity
thinkes it is a Bond, And the Gouernor is of opinion that the Bond
of Arbitration is voide
Therefore it being the Maior Vote that the said Bond is voide, A
non Suite is graunted in this Cause
The ph demands of the deft the forfeiture of a Bond of fine hun- Thomas
dred pounds entred into by Cap" W" Stone bearing date the fower- J®^^?°
teenth of Nouember 1656 for the pa)mient of two hundred thirty Attorney
nyne pounds and three pence to the pit. And by consent of both jl^'^g^g
•pties pit and deft It is agreed that M"^ Henry Meese and M"^ Nicholas Cornwalcys
Spencer marchants auditt the accompts betweene both parties, and to s^^^^*"**
retourne to the Court the true ballance of the accompts twenty Executor
pounds Eighteene shillings and three pence ster. as by the said (?ap"wm^
accompt w** hereafter foUoweth more at large appeareth, vizt Stone
M' Thomas Stone Deb"^ for his father W" Stones ace*.
] 38*: i8»: 03^
To the ballance of an accompt the 29*^ of 18 : 00 : 03
Aug. 1660 as appeares being the last ace*
' J 20 : 18 : 03
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426 Provincial Court Proceedings, 1660.
Libcr T) Contra Creditor
P. C. R. ^
p. 427 p 6 hhds Tob .... were of ... . hath allowed w^ he hath giuen
were proved Creditt for but at 40* p hhd, w^** if M*" Stone can make appeare by
to be the wittness, or his owne Oath, then he is to haue Creditt for three
Q^^Vm povaid p hhd more for the same 18: 00: 00 p agreem* it appeares
Stone by the that M' Toulson was to receiue 350* Tob neate in euery hhd at 5* p
Mr Thomas ^^^* ^^^ ^Y ^' Stones accompt it appeares by the weights here that
Stone there is fower hhds at 350 p hhd more then M"^ Tolson hath giuen
Creditt for at 5* p hhd .... W** sume of twenty pounds Eighteene
shillings and three pence It is ordered that the deft do pay accord-
ingly But the deft alleaging hard vsage in accompt of Qothes and
as Carpinter. It is therefore ordered that execucon be suspended in
this suite vntill the pit make oath to the accompt of Qothes and
Carpinter menconed in an accompt betweene them
On demand of M' Thomas Stone the ensuing examination is
recorded vizt, John Williams aged about thirty yeares maketh Oath
that being hired by Cap"" W" Stone late deceased his Overseer made
by myselfe and his folke to his Cropp in the yeare 1659 thirty Six
hogsheds Tob whereof fowerteene Swite sented all the said tob. to
my knowledge be putt aboord Sloopes of the plantation under the
Notion of being sent for England to M"" Tolson And further saith
not John $ Williams
Coram me Jur Tho : Stone.
Know all men by these presents that I Thomas Tolson Cittizen
and Haberdasher of London haue made constituted and ordained
and by these presents doe make constitute and ordaine & in my stead
and place putt and appoint my loueing f reind Thomas ComwaJeys of
London marchant my true certaine lawfull and irrevocable Attorney
deputy and Assignee for me and in my name and to my proper vse
and behooffe to aske demand leuy sue for recover demand and
receiue by due order of lawe or otherwise of and against Thomas
Stone of Merryland in the parts beyond the Seas marchant all such
debts dutyes sume or Sumes of money as is due or owing unto me by
or from him or his late father W"* Stone deceased, to whom the
said Thomas is Executor or either of them. Giuing and by these
presents Granting unto my said Attorney and to his Attorney and to
his Attorney or Assignee in that behalf e my full power and lawfull
p. 428 authority to doe execute .... conclude fulfill and finish in and about
the premisses whatsoeuer shalbe requisitt and necessary, as amply
and effectually in every respect and to all intents and purposes, as I
my selfe might or could doe, or cause to be done being, or if I were
or should be personally present, at the doing thereof. Bee the same
by arrest, suite, restraint Seizure Attachment, or by any other good
and lawfull waies or meanes whatsoeuer or howsoeuer. And vpon
recovery or receipt of the same premisses or any parte thereof for
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Provincial Court Proceedings, 1660. 427
me and in my name and as my Act and deede to make Seale and Liber
deliuer such acquittance or other discharge as shalbe thought meete, ^- ^- ^
Ratifying approueing and confirmeing all and whatsoeuer my said
Attorney shall herein doe or cause to be don by these presents In
wittness whereof I haue hereunto sett my hand and Seale the Nyne
and twentieth day of August Anno domini 1660, and in the twelth
yeare of the Raigne of our Soveraigne Lord King Charles the Sec-
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428 Provincial Court Proceedings, 1660.
libcr lust power of his lo^, and the Subvertion of the Government of this
P.CR. Province and contrary to the peace of his said Lo^ his rale and
dominion.
Attorney The Indictm* retoumed by the Grand Jury aforenamed ag* Josias
I^wlaU Fendall late Gouemor of this Province, wherapon they retoumed
Vide 3 Md. BiUa Vera
395 The Jury do present for the Lord Proprietary that Josias Feudal!
late Governor of this Province of Maryland contrary to his Oath
and trust, not haueing the feare of God before his Eyes, and by
instigation of the Diuell mutinously & contrary to the Act of As-
sembly in that case provided within this Province of Maryland, the
Dominion of his lo^^ over and in this Province aforesaid to take away
hath plotted contriued and by force attempted that is to Say
[Vi^ I Md. On Tuesday 13*^ March 1659 at the howse of M' Robert Slyc
389] Marchant in Saint Qements Mannor in the County of Saint Maryes
by word and writeing ag* his lo^* lawfull power of makeing lawes
within this Province by the Express words of his Pattent to him
granted did declare
And further do present that the said Josias Fendall did with
Thomas Gerrard, John Hatch, W" ff uller Sampson Waring Thomas
Hinson and Joseph Wicks and William Burgess and divers other
persons calling themselues an Assembly to one Act entituled an Act
for repealing all former acts falsely and ag* the express words of his
Comission consent. As also to another pretended Act entituled an
Act providing ag* any disturbance in the present Government where-
by they made it f ellony for any person to disturbe the Government
soe as it was established by that pretended Assembly, and to divers
other Acts tending to abolish his lo^* iust rule and dominion over this
Province
And further also do present that the said Josias Fendall by force
the dominion of his said lo^ to take away hath attempted (vizt) vpon
the 28^ day of March signing Comissions to Millitary Officers, and
afterwards in the moneths of July August and .... the forces by
those officers raised
p. 430 And further also do present that the said Josias Fendall hath in
opposition to his lo^* iust rule and dominion severall writts as well
in Causes Ciuill as Criminall signed and proces by vertue of his
pretended Commission from the said pretended Assembly receiued
the 5^ of May 30*** and 31*^ of July 16*** of August 21*** of September
[The and 15*^ of Nouember held Councells with Thomas Gerrard Robert
thScCoimdl ^^y^ ^^ Nathaniell Vtye 15^ of September publishing a declaration
meetings are comanding all persons to owne no Authority but what come imedi-
lost] j^^jy from his Ma*'^, or the Grand Assembly of this Province thereby
coUourably sheltring his Rebellion vnder a pretence of his Sacred
Ma**** name, And also a letter dated 20*** of Nouember, and after
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Provincial Court Proceedings, 1660. 429
knowledge of his Ma*^** Comands to haue his lo^* iust Rights within Liber
this Province according to his Pattent restored to the Governor ^' ^' ^
Philip Calvert Esq^ did write menacing to vindicat himselfe by the
best meanes he could vnless he might haue such tearmes granted him
as in the said Letter he required
And further doe present that on the 28*^ and 29*^* of Nouember
the said Governor he did then threaten with force saying the people
in Charles County were in Armes to rescue him if he retoumed not
the sooner, or should by him the said Governor be detained Prisoner
to the great derogation from the iust power of his Lo"*, and the
subvertion of the Govemm* of this Province, and contrary to the
peace of his said Lo^^ his rule and dominion
To the hono^'* the Governor and Councell of Maryland
The humble peticon of Josias Fendall humbly Sheweth That yo'
peticon^ hath Justly fallne into the High displeasure of his Lo** the
Lord and Proprietary of this Province of Maryland through some
vnadvised and Indiscreete accons of his which he did, whereof he
was this Courte Summoned to give an accompt, And haveing ser-
iously wayed his greate rashnes and Folly in doeing the same, he
doth humbly accknowledg his greate offence and hartily begg his
LoP* gracious pardon and the favor of this hono^*' Courte And he
shall as in duty botind pray Signed Josias Fendall
To the Right hono^'* Governor and Councell of the Province of Attorney
Maryland G^raJd^ ""'
Sheweth That Whereas yo' peticon' was apprehended to appeare P- 431
at a Pro**' Courte to be held the nineteenth day of February to an-
swere to what should be objected against him on the behalfe of the
Lord Proprietary. Yo' peticon' (not knoweing what may be layd
to his Charge) yett being vpon mature deliberacon Sensible that
through Ignorance something hath been done by him whilst this
Province was without Government which the Lawes doe Contra-
dicte, and hath thereby Incurred the just displeasure of his Lord"*
for which indiscrecon and miscarryage yo' pet' is hartily Sorry and
humbly implores the Gracious pardon of his Lord^ and the favour-
able Censure of this hono^'* Courte &c Yo' pef shall be ever boimd
to pray &c Signed Tho : Gerrard.
The Indictmt retoumed by the Grand Jury aforenamed ag* Han- Attorney
nah Rogers wherevpon they retoumed Billa vera General v.
Let it be Enquired for the Lord Proprietary whether Hanna
Rogers late Servant to Samuell Chewe of the Herring Creeke in the
County of Ann Arrundell Spinster vpon the 31*** day of May in the
yeare 1660 vpon the person of Richard Steevens Servant alsoe to the
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430 Provincial Court Proceedings, 1660.
Liber said Chewe of the place aforesaid at the tyme aforesaid and assaulte
P. C. R jj J make and with a Hoe which she in both her hands did hould a
greivous wound in the head did give of which wound the said Rich-
ard Steevens did dye and soe the said Hanna Rogers the said Richard
Steevens felloniously did kill and murder Contrary to the peace of
his said Lop. his rule and dominion
The Jury doe present for the Lord Proprietary that Hannah
Rogers late Servant to Samuell Chewe of the Herring Creeke in the
County of Anne Arrundell Spinister vpon the 31^ day of May in the
yeare 1660 vpon the person of Richard Steeuens Servant alsoe to the
said Chewe of the place aforesaid at the tyme aforesaid an Assaulte
did make and with a hoe which she in both her hands did hould a
greiuous wound in the head did give of which wotind the said Rich-
ard Steeuens did dye, and soe the said Hannah Rogers the said
Richard Steeuens felloniously did kill and murder contrary to the
peace of his said Lop, his rule and dominion
25 Feb. Being asked whether she was Guilty or not guilty she answered
not Guilty and being demanded by whome she would be tryed an-
swered by God and the Country
whereupon was Impannelld a petty Jury vizt
M*" Richard Forster
M' Thomas Stone
M*" Robert Macklyn
M^ Thomas Burdett
M*" William Green
p. 432 The Jury haue retourned their Verdict not Guilty
Attorney The Indictment retourned by the Grand Jury ag* Elizabeth Harris
^^^Harris whereupon they retourned billa vera. Let it be Enquired for the
Lord Proprietary whether Elizabeth Harris late of S* Clements hun-
dred in the Cotmty of S* Marys Spinster in the Easter holly dayes
in the yeare of our Lord 1657 at S* Wynifrido in the Cotmty and
Himdred aforesaid then and there a certaine man child alive did
bring forth and afterward the said Elizabeth at S^ Wynifrido afore-
said the aforesaid Infant liueing did throwe out of Doores hard by
the Landing, by which the said Infant imediately did dye and soe
the said Elizabeth Harris the said Infant at the place and tjrme afore-
said felloniously did kill and murder contrary to the peace of his
LoP* rule and dominion
The Informacon of Robert Joyner aged twenty six yeares or
thereabouts Swome and Examined the fourth day of January 1660
Sayth That he this depon* in Easter Holly dayes in the yeare 1657
lining at M' James Langworths howse went to helpe hawle a Cow
out of the Mire and retouming homeward by the water side there
was a woman Servant called Elizabeth now the wife of Samuell
1 M^ Thomas Turner Foreman
2 M' Thomas Mathews
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Provincial Court Proceedings, 1660. 431
Harris and one John Gee retouraed with this deporf : And hard by libcr
the landing place this depon* did see as it were a bundle of Lynnen ^- ^* ^
and out of itt hung a thing much like vnto fish gutts and this depon*
asked the woman Ser\'ant, whats this that looketh like fish Gutts
And the woman replyed that they were fish gutts And this depon*
would haue faine seene what it was But the woman pushed this
depon* away and Snatcht it up and flung it into the water and this
depon* nm into the water and fetched it out and opened the Cloth
and there was a man Child within itt, And John Gee standing by did
see the child when this depon* opened the Qoth And the woman
sayd burye itt, But this depon* and John Gee and the woman went vp
to the howse together And this depon* did intend to acquainte M'
Langworth with itt, but the howse being full of Company thought
best to lett it rest vntill the next morning And this deporf went to
the water side the next morning and the Child was taken away and
further sayth not. The marke of R Robert Joyner
Jurat coram me William Evans
John Gee swome and Examined the Eight day of January 1660 p. 433
aged twenty seauen yeares or thereabouts Sayth That he this depon*
being at the howse of M' James Langworth in the tjrme of Easter
in the yeare 1657 went to helpe to hawle a Cowe out of a Swamp
with Robert Joyner and as they were bawling the Cowe out Elizabeth
now the wife of Samuell Harris then Servant to M' James Lang-
worth came to them and as they were againe retouming to the howse
by the water side their lay a Bundle of Clouts And the said Joynor
asked the said Elizabeth what that was, and the said Joyner goeing
to see what it was, the said Elizabeth pushed him into the water from
itt Arid the said Joyner snatching at it the Bundle broake and there
appeared the face of a dead child it being black in the face and this
depon* and the said Jo)mer were intended to speake of itt to M'
Langworth, but the howse being full of Strangers did not And this
depon* went home the next morning And further sayth not.
The marke of ^ John Gee
Jurat coram me William Evans
The Examinacon of Elizabeth the wife of Samuell Harris taken
before Coll W" Evans one of his Lordships Justices for the County
of S* Marys the Eight day of January 1660 Sayth That shee did see
the Child Walter Hall Qk :
The Deposicon of Margarett Marshguy aged twenty foure yeares
or thereabouts swome and examined the fift day of February Anno
domini 1660 Sayth, That she this deporf being the fellow Servant of
Elizabeth Harris the now wife of Samuell Harris whoe came in both
Servants into the Province of Maryland sometyme in February in the
yeare of our Lord 1646 and were consigned to James Langworth in
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432 Provincial Court Proceedings, 1660.
Liber S* Qements Baye in the aforesaid Province gent where she this
P. C. R. depon* did at her first comeing into the Province often lye with the
aboues** Elizabeth, but did never Icnowe nor as much as suspected that
the abouesaid Elizabeth was ever with Child nor did never at any
time from their first being accquaynted to this p*sent houre, heare her
the said Elizabeth, or any body else talke of the abouesaid Elizabeths
either being with child, or that she was deliuered of a child And
further this depon* doth declare that she never heard any person
♦34 or ... . say that she the abouesaid Elizabeth should at ... . other
person or persons .... (or in any other place) either aliue or
dead And this depon* doth further declare that she doth not rememter
that the abouesaid Elizabeth was at any tyme sick from the day of
their first meeting together at James Langworths vntill the Second
Summer after their comeing into the Country and further sayth not
The marke of I Marg^rett Mashguy
Jurat coram me James Langworth
The Jury doe p*sent for the Lord Proprietary that Elizabeth
Harris late of S* Clements hundred in the County of S* Marys
Spinister in the Easter holly dayes in the yeare of our Lord 1657 ^tt
S* Wynifrids in the County and htindred aforesaid then and there a
certaine man child aliue did bring forth and afterward the said
Elizabeth at S* W)mifrids aforesaid the aforesaid Infant liueing did
throwe out of doores hard by the landing by which the said Infant
imediately did dye and soe the said Elizabeth Harris the said Infant
at the place and tjrme aforesaid felloniously did kill and murder
Contrary to the peace of his Lop, his rule and dominion Being asked
eb. whether she was Guilty or not guilty she answered not guilty and
being demanded by whome she would be tryed answered by God and
the Country
whereupon was impannelld a Jury as foUoweth (vizt)
M*" William Bretton Foreman, M*" Richard Willan
M' Thomas Mathews M' Robert Macklyn
M' William Hughes M*^ Thomas Burdett
M' Richard Forster M^ Patrick Forrest
M' Thomas Turner M*" Deliuerance Lovely
M' Thomas Stone M' William Greene.
And the Jury retoumed their Verdict not Guilty
icy The Indictment of Jane Pauledin
lin Let it be enquired for the Lord Proprietary whether Jane Pauledin
now the wife of John Titmarsh of S* Leonards in Caluert County
vpon the foure and twentyth day of december 1659 at the howse of
Thomas Belcher vpon the Resurreccon Mannor in the County afore-
said one Holland Apron seaven yards of white small bone Lace one
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Provincial Court Proceedings, 1660. 433
Elle of Broad bone Lace Eight yards of broad silke one olde Capp Liber
one table cloth of • . . . red weomens Stockins two laced Quoines three ^- ^- ^
laced neck cloathes one fine hoUand apron, one plaine neck cloth one p. 435
scoUopt dressing one Quoife two whisks one paire of halfe sleeues
halfe a thousand of pinns fine hens and one Cock then and there
found did felloniously steale take and carry away and whether James
Atchison Susanna his wife be not accessories both before and after
the facte contrary to the peace of his Lop. his rule and dominion And
the Jury retoumed their uerdict Ignoramus.
The Compk sueth for twelue thousand pounds of tobacco and Dcvorax
Caske with Costs of Suite The def* by his Attorney accknowledged RobcrT ^
Judgement for the abouesaid twelue thousand pounds of tobacco and Kini^sbury
Caske with Costs of suite ^'r^^""'
Carpenter
The Comph by his Attorney sueth for three pounds sterling being Captaine
the remayning parte of a debt of thirteene pounds Which the deft ^^^^
owed to the Compit as he alleadged for parte of his passage into this by his
Province from England To which the deft answeres that there was ^^^^
something due to the said Comph but he did suppose not soe much as G>ursey v.
was demanded but that would be made appeare by the f raight booke ^ooWns
of the said Ship To which accompts in the said Fraight booke he
was willing to stand to It is thereupon ordered that the def* pay to
the Comph soe much money or the valine thereof as the said Fraight
booke shall charge deb' with, with costs of Suite
The Comph sues the def^ in an accon of defamacon calling him Thomas
theefe and Rouge To this the def** Attorney produced two deposi- capt^^Robert
cons one of William Hills and the other of Thomas Barretts by Morris
which the Courte was sattisfyed that it was noe defame and therefore Attoniey
Grants a non Suite ag* the Comph with costs of Suite deft Henry
Coursey
The deposicon of William Hill
William Hill aged 17 yeares or thereabouts swome before Edward
LLoyd Esq' the thirteenth of February 1660 Sayth, That when the
Ship was at Patuxent the Master, M*" Henry Coursey M*" William
[Coursey] Thomas Burdett, was in the Round house together ....
and M' William Coursey went out .... behind in The Roundhouse
and this depon* being vpon the Quarter deck did see the said Burdett p. 436
bring a bottle of sack forth of the Roundhouse whereupon I goeing
to a case of Sack which was in the Round howse did misse a bottle
out of the case which was in the Case when the M"" and M' Courseys
went out And I then following him the said Burdett into the Stereage
did see the said bottle of sack in the said Burdetts pockett and I had
hould of the Neck of itt to putt it out of his pocckett, but not being
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434 Provincial Court Proceedings, 1660.
Liber able to gett it from him I went to accquaynte the Master and in that
P. C. R. tyme he had given it to a negro, whoe called the said Burdett Master,
and then I gott it from him the said negro this is all that I knowe and
further sayth not William Hill
Jurat coram me Edw : LLoyd :
The Deposicon of Thomas Barrett
Thomas Barrett aged 14 yeares or thereabouts swome before
Edward LLoyd Esq*^ the 13*^ of February 1660 Sayth That when
the Ship was at Patuxent the Master M*" Henry Coursey M' William
Coursey and Thomas Burdett was in the Round house together and
the Master M^ Henry and M*" William Coursey went out of the
Round howse to goe away, and Burdett stayed behind in the
Rotind howse and I followed the Master and both the Courseys to
the waste of the Ship with a bottle of Sack in my hand for the
Master to drinke to both M' Courseys as they went over the side of
the Ship, and Burdett comeing downe the Ladder and I goeing vp
the Ladder to the Quarter deck did see a bottle of sack in Burdetts
pocckett and goeing to putt that bottle into the case that I had in my
hand I missed a bottle forth of the case which was in the case when
the Master and both M*" Courseys went forth of the Round howse
and when I came againe out of the Round howse I saw William
Hill take the bottle of sack from a negro whoe called Burdett Master,
and the Negro sayd his Master gaue it him and further sa)rth not
Jur. coram me Ed LLoyd : Thomas Barrett
Thomas The Compk by his Attorney Sueth for forty two pounds seauen-
Attomfoi^ teene shillings and fine pence Sterling being the ballance of Accompts
Corncwallis from the yeare 1656 to the yeare 1660 as by the accompt hereafter
^ Stone written doth more at large .... the def* peruseing the accompt made
P- 437 noe Defence .... five pence Sterling being the true ballance of the
said accompt with costs of Suite
M' Thomas Stone is D*^ 1660
Reckoned and accompted the tenth of November 1656
and then rested by accompt, sent yo"
Sent yo" 13*^ of October 1657 T> Cap* Whitty
•p passage of Lettice Seamore 6* 4* and fori
procureing her 30* J
Sent yo" 4*** of August 1650
Sent yo" 16*'* Sep* 1659 T> Capt. Tilghman
69"
05*
07-
50
13
03
07
14
00
17
12
10
78
16
07
!24
02
03
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Provincial Court Proceedings, 1660. 435
M^ Thomas Stone is Cred^ 1660 Liber
P C R
Reed the 17*^ of October 1657 by 16 hhds in CapO 41 10 00
Tilghman cont. neate 4980 at 2^ -p pound. J
Reed the 26*** of June 1659 in Cap* Tilghman! 60 15 00
19 hhds cont. neate 7291* at 2^ -p pound J
Reed the 14*** of August 1660 29 hhds in Cap* 1 78 09 08
Tilghman Cont. Neate 9418** at 2^ -p poundj
For watches mending 00 10 00
181 04 08
The defd* desires tyme till the next Provinciall Courte which is William
granted and ordered accordingly. by^hir ^^
Guard the
John Hobbs by his peticon desires an Attaichm* against the Estate Proprietary
of John Gotley which was granted accordingly ^ Thomas
Hobbs V.
To the bono"* Philip Caluert Esq' Gouemor and the rest of this Sout^n v.
bono"* Councell. Bradnox
The humble peticon of Thomas Southeme Sheweth That yo' pef
comeing into this Country a Servant was bound by Indenture for
seaven yeares and the tyme being accomplished yo' pet' demanded his
freedome of his Master Captaine Thomas Bradnox but he denyed
the same Soe that yo' pet' was forced to sue in the County Co'* at
Kent And the Commission" findeing by five several deposicons, that
his tyme was expired was then vpon passing Judgem* : And the said
Captaine Bradnox craued an Appeale vnto this Pro*** Courte, as by
the order will more at large appeare
Wherefore yo' pet' humbly Craues that yo' honnors would be
pleased to grant order against his said Master Cap* Thomas Bradnox
for his come and Qoaths due for his said servitude with such allow-
ance as yo' Honnors shall thinkc meete for ... . longer which his
said M' dete)med him
Sattirday the three and twentyth of February 1661 Feb. 23
Present as aforesaid Thomas
The Comph petitions to haue the def* retoumed to his Service whoe upon an
went away before his tjmie was expired as he alleadged the defd* ffom Kent
answeres put in peticon, And vpon the perusall of the proceedings County v.
of the County Courte at Kent had in this cause and of the deposicons SouSerne
taken therein and noething by the ph or his Attorney appeareing
matteriall why the def* should not haue his freedom Come and
cloathes according to the custome of the Country The Judgem* of
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436 Provincial Court Proceedings, 1660.
Laber the board is that the def^ shall haue his f reedotne Come and Goathes
. v^ «- ^j^ costs of Suite
The deposicon of Judith Hemslye aged twenty seaven yeares or
thereabouts swome in Courte January 21*** 1660
Szyih Thomas Southerae came in The Ship with her aboute
seauen yeares since being a Servant to one M' George Johnson and
the said' Southerns Indenture was made at Sea for seaven yeares and
when wee came to Yorke river the said Johnson sould him to one M'
Wadlow for seaven yeares and afterwards the said Wadlow and
Thomas Southeme made a bargaine that y^ said Thomas Southeme
should seme another yeare to him and he would teach him the trade
of a Cooper and farther Sayth not
Macum Mecray aged three and twenty yeares or thereabouts:
Swome in Courte Sa)rth That M' Wadloe related after he had bought
the said Thomas Southern that he was to seme him Eight yeares and
for consideracon he was to teache him the trade of a Cooper for one
of the Eight yeares seruice aforesaid and further sa3rth not
William Herslye aged twenty six yeares or thereabouts swome
in Courte Sayth, That carrying Thomas Southeme home to his
Masters howse his Mistres asked him whether or not he did not say
before his Master Wadloe that he had three Crops to seme he an-
swered he did to please his Master, and M" Bradnox answered
through a young Knaue and an ould Knaue they were deceiued of
their Right and further sayth not
Nicholas Bradnox and John doth alsoe testefye in
Courte that Thomas that he had three Cropps ....
p. 439 Vpon the mocon of Cap* Thomas Comewallis touching a Cowe
V. P^nny that he formerly vndertooke to pay Henry Penny in the behalfe of
the Country, which said Cowe being sett a parte for the vse aforesaid
one yeare or more, And the said Penny neglecting to come to receiue
the said Cowe, the aforesaid Cap* Comewallis humbly moves the
Courte to haue that tender stand good ag^ the said Penny the said
Cowe being yett aliue, with her increase. Whereupon the Courte
orders that the said tender shall stand good ag^ the said Penny he
haueing neglected as is before Expressed.
Dent V. This day came Walter Dickason into Courte and accknowledged
* " Judgem* vnto M^ Thomas Dent for twelue hundred and fifty pounds
of tobacco and Caske, twelue hundred and tenn or thereabouts being
Specialty and the rest upon Accompt the said Specialty is to be
cancelled Henry Coursey Sec' :
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Provincial Court Proceedings, 1660. 437
Monday the 25*** of February present as afores^ Liber
P C R.
The ph haueing had an Attaichm* ag* the Goods chatties and debts Feb.* 25
of Thomas Harvey of Virg* to the valine of fine hund** pounds of ^"4^ ^^^*"
tobacco and Caske in prosecucSn of which the Comph appeares at Harvey
the Courte and produceth a Bill of the said Thomas Harueys to
the Sume aforesaid vpon Consideracon of the peticon and bill afore-
said the Courte doth order that the Goods in Attaichm* taken be
appraysed and fiue hundred pounds of tobacco payd to the Compft.
with Costs of suite
This day came John Abbington Attorney to M" Anne Tilney G)mwalcy8
Executrix to Richard Hodgkeys deed, and accknowledged a Judgem* ^' * ^
vnto Captaine Thomas Comewallis as Assignee vnto M' Richard
Hobbs for 831* tobacco and caske by bill And further doth accknow-
ledge on the behalfe aforesaid to be accomptable vnto the said Cap*
Comewallis as Assigne aforesaid for three hhds of baye Salte And
to pay what remaynes upon that accompt
The def* not appeareing the Sherriffe of S* Marys County not Pakes v.
takeing Security for the same has Liberty to bring the def* to the ^^™^"^
next Provinciall Courte there to answere the Comph Suite and in
defaulte Judgem* to pass ag* the said Sherriffe for soe much as shall
be found due or comeing to the ph with Costs of Suite
Knowe all men by theis p^sents that I Humphry Warren Cittizen «. 440
of London doe Constitute and ordeine Captaine Nicholas Gwyther ^J^^^*^
my Lawf ull Attorney for me and in my name to attaich arrest the bv his
body or Goods of William Head Cooper in an accon of debt due vpon Ca^™^
Accompt, and what my said Attorney shall doe in the p^misses I doe S^^*"" ^•
rattifye Confirme and allowe as if I myselfe was personally p*sent Head p
Wittnes my hand and Scale this fourteenth day of January 1660 Cyl^
Humphry Warren Sadlcir
Sealed and deliuered in the p*sence of Robert Payton James
Walker.
The def* by his Attorney confesseth a Judgem* vnto the ph for
fiue hund^ and forty pounds of tobacco and Caske, which is ordered
accordingly and that the def* pay the Costs of suite
The ph in his peticon craues Judgem* ag* the Estate of Cap* ^viniam
William Stone deceased to the valine of 9306*^ tobacco and Caske Hughes v.
for seruice done in the yeares 165 1: 1652: and 1653, therefore Stonc**
humbly prayes to haue a Jury to trye the same vpon which the Court Executor to
orders the Sherriffe to Impannell a Jury : which was done accord- st^e his
ingly (vizt) father
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438 Provincial Court Proceedings, 1660.
Liber William Bretton Foreman
P. C R. Thomas Bennett
Robert Macklyn
Richard Forster
Robert Joyncr
John Gee
John Hobbs
William Hampsteed
William Boreman
William Greene
Deliuerance Loavly
William Russell :
gent
And the aforesaid Jury hauing spent some tjrme vpon the p^misses
brought in their Verdict in theis words following vizt
Wee finde that William Hughes first Commenced his Suite ag*
Cap* Stone (as upon Record) 12^ February 1658 and came to a
tryall 2^ March following where the said William Hughes was non
suited. After againe William Hughes began his Suite a new 3** Sep-
tember 1659 And at the Courte 7^ October following a Respite was
p. 441 granted in the said .... that said order wee finde in the Records.
But considering the deposicons and alsoe how that this Suite was
Comenced in Captaine Stones life tyme and that the said Cap* Stone
engaged himself e to sattisfye the said William Hughes for his labour
imployed vpon the Mill Wee conceive that the Executo' ought to
sattisfye the said Hughes as the hono^** Board shall adjudge, And
further that the said Executor ought not to pleade the Actc for
deceased psons whereas the Sayle was formerly putt in in Cap*
Stones life tyme.
Whereupon the Courte required all papers and accompts Rdateing
to the p*misses should be deliuered in to the Courte and peruseing the
said papers doth finde that the true Ballance of Ace® is foure thou-
sand nine hund^ fifty and one pounds of tobacco and Caske and doth
thereupon order that the said Thomas Stone def* and Executor doe
forthwith pay vnto the pk the afores^ sume of foure thousand nine
hundred fifty and one pounds of tob and Caske, in defaulte thereof
Execucon : with Costs of Suite.
John The def* is discharged and the pk to pay Costs of Suite
Mastveeke
V. Richard
Russell
To the bono**** Philip Caluert Esq' Gouemor &c
Wright V. The humble peticon of Richard Wright Sheweth That yo' pef
Turney purchased of Richard Tumey late of this Province deed, the one
half e or moiety of his the said Tumeys land lying in Sasaf ras Riuer
as by a Conveyance vnder his hand and Scale may more at large
appeare, which said moiety not being layd a parte in his the said
Tumeys life tyme he humbly Craueth order for a writt of Particon
of the said Land according to his bargaine and Covenante and
according to the vsuall Custome of this Province in the like kinde
And he shall pray &c
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Provincial Court Proceedings, 1660. 439
Vpon the peticon aforesaid it is ordered that a Writt of partition Liber
be issued out calling all partyes concerned as Creditors to the Estate ^* ^' ^
of Richard Tumey to be there by themselues or some for y" at the
partition of the said land as aforesaid
Tuesday the 26^ of Febr. Feb. 26
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440 Provincial Court Proceedings, 1660.
Liber Hethcott .... should knowe that the said Hethcott did, and did
\ C R.
p. 443
P. C R. approue of itt, then comeing to a price for the tobacco ; Nicholas
Keiting tould him he would take two for one, meaneing two pounds
of tobacco for one pound of tobacco as yo' pef conceiues) where-
upon Argueing the matter on both sides Nicholas sayd if Hetchcott
did not Like the tobacco at the price aforesaid let him leaue with
him the tobacco or bring with him his Mayd Servant againe where-
upon the said Hethcott weighed and marked the said three hhds of
tobacco and the Examinatt tooke an accompt thereof
John Metcalfe
Swome in open Courte.
The Deposicon of Elizabeth Greene wife to William Greene aged
34 yeares or thereabts : Being duely Sworne and Examined Sayth
that Thomas Hethcott, being at her howse, she heard him demand
of Marks Pheypo whither his Brothere (whome she supposes he
meant) Nicholas Keitings tobacco was good tobacco or not, To
which Marks Pheypo answered it was good, And then she heard the
said Hethcott say that his Brother aforesaid dealte very hardly with
him for he made him pay two pounds a pound for itt ; or words to
that Effect and then some in the howse sayd it was the Common
price, but whoe it was that sayd it she knowes not.
Herman v. To the hono^'* the Gouemor & Councell of Maryland
Colclough
The humble peticon of AugustiAe Herman Sheweth That Symon
Overzee deceased did Enter with yo' pef into a firme Coepartnership
and Comon fellowship of trade and traffique for three yeares Con-
tinuance vpon Condic5n that all dammages Susteyned by casualtyes
and vnwillfull Error should be repayred but willfull neglect and
fidellity should be payed w*** foure hund** potinds sterl: forfeited.
Now whereas the said Overzee hath willfully discouered the p*misses
by the said Common fellow ship intended yo^ humble pet*^ Sues for
the s^ foure hund** pounds Sterling forfeiture out of the Estate of
the said Symon Overzee aforesaid And that Reparacon may be made
for all the damages as alsoe 12079** of tobacco and Caske proper
tobacco due vnto yo*" pet*" with the forbeareing thereof and aboute
SS49* of tobacco and Caske, remaynder of the disbursed money vpon
the barque acco*: And yo*^ pet*^ desires alsoe because the Couenant
is the deed Overzees will And all his Estate engaged Security that
yo^ pet' may be possd of his Secu[rity] or the bond of M' Henry
Meese and Collonell John Price .... of not, that in the meane while
P- 444 ... . and Secured vnto yo*" peticon' vntill full Sattisfaccon is made
vnto yo' pet' or his order And yo' humble pet' shall praye &c
The Comph Sueth as p peticon and the def* alleageth that the Ace**
are not adjusted Whereupon the busines of Accompts was by the pk
and defd^ owne mocon referred to the Arbitracon of Cap* Samuell
Tilghman Cap* Miles Cooke M' John Bateman and M' Henry Cour-
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Provincial Court Proceedings, 1660. 441
sey And the said Arbitrate" haueing circumspectly viewed the Liber
respective Accompts doth thereupon Award that the said Major Col- ^- ^- ^
clough doth pay vnto the Comph nineteene thousand pounds of good
tobacco and Caske and Eleauen pounds Seauen shillings and foure
pence Sterling money without any Imposte taxe or Porte duty to all
which the defd* agreed. And in order therevnto came into open
Courte and accknowledged a Judgement for the aforesaid Sume of
nineteene thousand potinds of tobacco and Caske with the aboue
specifyed money Itt being the full ace® of all matters relateing Be-
twixt Augusteen Herman pit and the late Estate of Symon Overzee
deceased and now belonging to the defd* George Colclough which
was ordered accordingly And that the Costs of Suite be equally
divided and pk and def d* pay each Respectiue parte.
M^ Augusteen Herman doth accquitt release and discharge Major
George Colclough from all Qaymes or Demands from the begining
of the world to this day Saueing the abouesaid Judgem* of nineteene
thousand pounds of tobacco and Caske and Eleauen pounds Seaven
shillings and foure pence Sterling.'
The Comph sueth for foure hundred and fifty pounds of tobacco Fereira v.
and Caske and the def d* by his Attorney haueing noething to alleage L"™brozo
against it the Court doth order that the def* pay to the pit the said
foure hundred and fifty pounds of tobacco and Caske with Costs
of Suite
Licence graunted by the Gouemor to Bennett Marshguy to hunte License to
and kill wilde hoggs vnmarked till further orders. hlJis^'^^
Wednesday the [27] of February present as aforesaid E^K^
Burdett
Thomas Burdett ph
Walter Pake is granted an Attaichment ag* the Estate of Thomas Pake v.
Hughes whoe is fled out of this Province to the valine of two thou- Hughes
sand fine htindred pounds of tobacco and Caske ret. the next Pro*"
Courte
Attaichm* issued to the SherriflFe of Calvert County ret. 17 Aprill
1661
Vpon the defd** appeale The Courte vpon heareing of the cause William
allowes the def* one hundred pounds of tobacco for his Attorneyship ^J«^? ^^
and paines and the ph to pay costs of Suite john
Metcalfe
Vpon the appeale of William Greene and his wife of the Cause Greene v.
in the County Courte at the Suite of Captaine Nicholas Gwyther Gwyther
An order is granted that the said Greene and his wife shall pay the
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442 Provincial Court Proceedings, 1660.
Uber fiue hundred pounds of tobacco mencdned in the note hereafter ex-
P.CR. pressed (vizt) the speciality being pressed in Courte and the defd*
haueing taken his oathe that the same nor any parte thereof was
ever payd
Dauid Lett me desire yo" to pay vnto Cap* Guyther fiue hund^
pounds of tobacco which debt is due for hoggs yo" bought of me and
in soe doeing this my noate with his Receipt shall be yo' discharge
as Wittnes my hand this 17^ of October 1659
The mke of Henry + Potter
Wittness John Metcalfe The mke T of Thomas Pryor
The def* accknowledges Judgem* to the ph in the Sume of sixteene
hundred pounds of tobacco and Caske by bill dated the 23*** of Fd>-
ruary 1659 payable the tenth of NovenJ)er following and the defd*
to pay costs of Suite.
Hawkins v J^^" Hawldns demands writt to arrest Abraham Sheeres in an
Shccrcs accon of the case to the valine of twenty thousand pounds of sugar;
Writt issued to the Sherriffe of Charles County ret. the 17*^ Aprill
next to the then Prou^ Courte
Hawkins v.
The said Hawkins had likewise a Sumons in Chancery ag* Captaine
p. 446 Thomas Comewallis this 28* of February demands a writt to arrest
^^di!Ss J^^^^ Micheels in an action of debt of six thousand potmds of tobacco
and Caske. Warr* issued to the Sherr. of Baltemore County ret
17^ Aprill next
Writs for Writts for the Assembly issued dated 28^ February ret 16^ Ap:
[VidcI'MiL The Sitting on the 17^ of Aprill.
Arch. Ass.
.395] M'' Thomas Innis demands Lycence to keepe an Ordinary which
L^^ w^ granted him by the Gouemor pro ut Licence to Hugh Lee
mutatis mutandis.
Court The next Provinciall Courte is appoynted to be held at Saint
Session ^^ryg the seauenteenth day of Aprill next
^^v^C^CT Articles of Agreem* made this Eight day of December 1660 Be-
tweene William Caruer of Elizabeth Riuer in the County of Lower
Norff in Virg* of the one party and Dauid Abbercromy Master and
Owner of the Barque Speedwell the other party as followeth
I the aforesaid William Caruer doth hereby agree promise and
Couenante with the aforesaid Dauid Abercromy wynd and weather
permitting, and the danger of the Seas excepted to be in S* Marys
in the Province of Maryland with my Kitch calld' the Forttme,
betweene the first and the last day of February next ensueing the
date hereof then and there to receiue such and soe many hogsheads
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Provincial Court Proceedings, 1660. 443
of tobacco from the aforesaid Dauid Abercromy or his Assigns as Libcr
the hole of the said Ketch can well Contayne and for the speedyer ^* ^- ^
dispatch and takeing in of the said tobacco and goods, the said
William Caruer is to assist the said Dauid with his men and Boate,
belonging to the said Ketch And further the said William Carver
doth couenante with the said Abbercromy that haueing receiucd the
said tobacco and Goods into his Ketch he the said William shall take
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444 Provincial Court Proceedings, 1661.
Libcr Abercromy as he is ready at all tymes to make appeare, Therefore
P. C R. ^^ gj^j J Abercromy doth hereby protest as well ag* the said William
Carver his Executors Administrators and Assigns as against all other
persons whatsoeuer And doth hereby declare that whatsoeuer costs
damages and Charges shall be made appeare to Ensue for the non
performance of the abouesaid agreement may and .... the said
M'' William Caruer his Executo'* the Tenor of the said agreem*
p. 448 And I Philip Caluert Esq' Gouemor of the Province of Maryland
vnder his Lop. Csecilius Lord Barron of Baltemore Lord and Pro-
prietary of the said Province because the Protest aforesaid was made
before me haue hereunto sett my hand and caused his said Lops
lesser Scale of the said Province to be affixed hereunto at S* Marys
this thirteenth day of March in the yeare of our Lord God 1660
Cattle mark Nicholas Gwyther recordeth his marke of Cattle vizt a Swallow
forke on the left Eare and a peece taken out vnder & over the Right
Eare & the tip of the Eare Cutt off.
^ '^i At a Provinciall Courte held at Saint Marys the i?**" dav of Aprill
April 17 x.^ J / . r
vide I Md. lOOI
^ ' 3^ Present Philip Caluert Esq"" Gouemor Henry Coursey Setf" Robert
Re Carter Clarke Baker Brookes Ed : LLoyd John Bateman Esq" Councello".
Vpon the backside of a Pattent to Edward Carter for nine hundred
acres of land lying in the Herring Creeke in Anne Arrundell Coimty
beareing date the twentyth of September in the seauen and twent)rth
yeare of his Lo^ dominion over this Province of Maryland Annoq
domini 1658 was p*sented this following Assignm* :
Knowe all men by theis p*sents that I Edward Carter of Nansa-
mum in Virginea doe assigne over all my Right and tytle of the
within specif yed six htmdred acres of land vnto William Hunte of
Herring Creeke in the Province of Maryland his heires or Assigns
for ever and doe hereby acknowledge my selfe fully sattisfyed for
the same In Wittness whereof I haue sett to my hand and Scale this
tenth day of November 1660 Edward Carter
Signed Sealed and deliuered in the p*sence of vs, Jeremiah Shed-
man X his mke Daniell ffeaste his mke H
And Samuell Chew of the Herring Creeke in the County aforesaid
came this day into open Courte and did accknowledge and avowe the
Sale of six hundred acres of land lying in the Herring Creeke afores**
made by Edward Carter according to the Assignm* vpon the Pattent
Endorsed from Edward Carter aforesaid vnto William Hunt and
according to the tenor of the letter Attorney here following (vizt)
p. 449 Knowe all men .... of Nansamum .... Herring Creeke in the
Province of Maryland to be my true and Lawfull Attorney to make
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Provincial Court Proceedings, 1661. 445
an accknowledgem^ of an Assignm* of six hundred acres of land lying Libcr
in Herring Creekc Baye aforesaid solde by me the said Edward ^-^-^
Carter vnto William Hunte of the aforesaid Herring Creeke Alsoe I
doe binde myselfe by theis p*sents to make good the said Accknow-
ledgem* of the aforesaid Samuell Chewe as if I myselfe were per-
sonally p*sent In Wittness whereof I haue hereunto sett my hand
and Seale this tenth day of November 1660 Edward Carter
Signed Sealed and deliuered in the p*sence of vs Jeremiah Shed-
man his mke + Daniell Ffeaste his marke H Henry Archer his
marke O
Henry Pennington Complayneth ag* Elizabeth Greene for that she Pennington
lays to his wiues charge the receipt of stolne goods that is to say ^- Greene
Linnen Stolne by Francis Stockdell Seruant to Elizabeth Greene def^
The def* denyes that euer she sayd any such words
The pit and def* putts it to the trjrall of the board
Nicholas Rawlins swome in open Courte in the cause depending
sayth That Elizabeth Greene did aske Rachell Pennington why she
did receive Lynnen of her Mayd Francis Stockdell and Rachell
Pennington denyed itt and further sayth not
Andry Keyting swome &c sayth That she did heare Elizabeth
Greene Say that her Mayd tould her she had given Henry Pennington
his wife some parte of the Lynnen and she sayd where some parte of
the Lynnen was she knew not but that there was the rest and at
another tyme she heard her Say that she had some of her Goods
aboute her, as a Cap vpon her head, and further Sayth not
Amy Hooper swome &c Sayth That she sawe Francis Stockdell
Servant to Elizabeth Greene at Henry Penningtons howse she askt
of Henry Penningtons wife why she would suffer that Wench to be
there, within a while after the said Francis Stockdell went away and
further sayth that at Nicholas Keytings howse she heard the said
Elizabeth Greene Say that she did bid her Mayd and did as good as
force her Mayd to say that she had giuen Supposed to be stolne
vnto Nicholas Keitings .... because she would not haue had Rachell
Pennington brought into any trouble And because that Keitings p. 450
Mayd being a Servant she should not be troubled therefore and
further sayth not
Jonas Eustas Swome &c Sayth That he was at Henry Penningtons
howse when the Maide came in with the Qoth before her but whether
she left it behind her or tooke it with her he knoweth not and
further Sayth not
Francis Stockdell Examined in open Courte Sayth She Confesseth
she did Steale halfe a jrard of osenbridge & gaue it to Henry
Penningtons wife
The Judgement of the Board is that it is a Slander to the ph and
the def* to pay costs of Suite
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446 Provincial Court Proceedings, 1661.
Liber Thursday the iS*'* of Aprill p*sent as aforesaid
Arlrii 18 This day came Marks Phejrpo and deliuered up a Pattent of one
Re Pheypo hundred and twenty acres of land to the vse of Francis Mogge and
John Coleman in open Courte
Roberts v. To the hono'*'* the Gouemor and Councell of the Prouince of
^^^^ Maryland
The humble peticdn of Fobby Roberts Sheweth That A^Hiereas
William Greene is Justly indebted vnto yo' peticon"" for Goods sould
vnto the said Greene the Sume of three thousand two hundred Sixty
and nine pounds of tobacco and Caske being due fine moneths since,
and yet vnpayd to the greate dammage of yo' peticon"" he being
deteyned here for want of the said tobacco.
Wherefore yo"" pef himibly desires an order of this honorable
Courte for the said tobacco with Damages and Costs of Suite And
he shall ever pray &c
An Accompt deliuered
Ordered that the def* pay the pit One thousand Eight himdred
Execntio twenty six pounds of tobacco which is the ballance of the Accompt
due vnto the ph with costs of Suite.
Hammond ^^*^ ^^X ^™^ Anne Hammond into open Courte and renounced
her Letter of Attorney
^ P- 451 To the hono*^ the Gouemor and Councell
Games v.
Bennett The humble peticon of Richard Games Sheweth Whereas Thomas
Bennett Carpenter after Condicons drawn with yo"" petition"" for the
tearme of two yeares continuance being soe covenanted that the said
Bennett was to allowe yo' peticon"" for the first yeare one thousand
and for the second two thousand pounds of tobacco and Caske, But
now the said Bennett haueing within three moneths after fled from
his aforesaid Articles, and not retoumed till the Expirac5n of foure
yeares and haueing made noe provision nor take[n] noe Course for a
being for yo*^ peticon*^ within the tyme Lymited in soe much that yo'
pet*^ was compelled to hyre himself e for the Compassing Cloathes to
his Back and Meate for his mouth being streightned for Reasstune-
ing any Imploym^ till the said tearme Expired besides the losse of his
trade and wages receiueing much p*judice thereby
The p^misses Considered yo"" peticon*^ addresses himselfe to this
honorable Board for such sattisfaccon as shall be adjudged Requisite
And yo^ pef shall pray &c
The pit sues p[ro]ut in peticon the defend* denyes the whole alle-
gacdn in the peticon as it is there Layd and the def putts him to proue
his p[ro]ut all^;acons Whereupon the Compit produces John Van-
hack and George Wilson as Evidence
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Provincial Court Proceedings, 1661. 447
John Vanhack swome in open Courte sa)rth that the def* was to Liber
give the pit one thousand pounds of tobacco for the first yeare and ^' ^' ^
two thousand pounds of tobacco for the second yeare by a Condicon
made Betweene them to which he was Wittnes and further Sayth
not
George Wilson swome in open Courte sayth the same as the afore-
said John Vanhack, and they further sayth that the pit did not goe
M^Jc
Willi;
Walt
W«I
Niche
John
Rich?
Willi;
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448 Provincial Court Proceedings, 1661.
Libcr The Jury retoiimes their Verdict as foUoweth (vizt)
P C R.
And the Indictment ag* John Jenkins Hugh Neile William Heard
Henry Peere Richard Morris William Smoote John Courts William
Hall William Crayford Thomas Jarvis Thomas Lomax and John
Morris was found Billa vera James Walker (Ignoramus) John
Jenkins Hugh Neile and Henry Peere being fine tymes called did
not appeare.
Richard Morris William Smoote John Courts and John Morris
p. 453 were called to the Barre and had their Indictm* read (vizt) The Jury
doe p*sent • . . . Proprietary that John Jenkins Hugh .... Thomas
Jarvis Thomas Lomax and John Morris Contrary to the fidellity to
his Lops due, not haueing the feare of god before their Eyes and by
instigacdn of the deuill mutinously and seditiously Contrary to the
Acte of Assembly in that case provided within this Province at the
howse of Josias Fendall in Charles County vpon the Eigth and ninth
dayes of February 1660 ag* the person of his Lo^ Governor his
Gouemment and Guards provided for the safety thereof did with
force that is to say upon the Eighth day of February aforesaid at the
howse of Josias Fendall aforesaid in the County aforesaid in Armes
did appeare and vpon the ninth day of February to rescue the persons
of Josias Fendall and John Hatch Prisoners for mutiny and Sedicon
and vnder a Guard did march in greate derrogacon from the just
power of his Lop. and the Subversion of the Gouemment of this
Province and Contrary to the peace of his said Lo^ his rule and
dominion, Being asked whether they were Guilty or not Guilty they
answered not Guilty and being demanded by whome they would be
tryed answered by God and the Country.
Whereupon was Impannelld a Jury (vizt)
Thomas Dent Foreman
George Taylor
William Mills
Thomas Burdett
William Innis
Francis Walton
George Read
George Macckall
William Lawrence
Henry Banister
James Johnson
William Palmer
And the Jury retoumed their Verdict not Guilty.
The Examinac5n of Thomas Lomax resideing at Cap* Josias Fen-
dalls howse in Charles County aged thirty yeares or thereabouts
taken before the bono"* Philip Caluert Esq"" Gouemor of this Prov-
ince of Maryland Robert Qarke and Baker Brookes Esq" two of his
J^S^ Councell for the said Province the 18*** day of February 1660
The said Examinant being demanded whether the vnder menconed
writts, vizt one of them ag* M"" John Anderton at the Suite of James
Bowling dated the thirtyth of July 1660 and Signed by the said
Josias Fendall, but written by him and other foure writts one ag*
Hugh Stanley at the Suite of Thomas Burdett, another ag* the said
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Provincial Court Proceedings, 1661. 449
Thomas Burdett at the Suite of Thomas Trueman, another to Sum- Liber
ons Henry Coursey to testefye on the behalf e of John Bateman in a ^- C- ^
cause depending Betweene the said Bateman and Bagby Brookes
to testefye on the behalf e .... And whether by the said Fendall or p. 454
not, he answered they were, And the said Examinat being further
shewed a certaine pretended order of Councell held at Thomas
Gerrards 1660 and a proclamacon thereupon of the same date were
written by him and Signed by the said Fendall respectiuely he
answered they were And further sayth that there being thirty Six
men in Armes in the feild before Captaine Fendalls howse was
desired by that party of men to drawe a peticon to the Governor that
they were Subjects to the King of England And if they comitted
what was not fitt that they should be tryed by the Lawes of England
which peticon this Examinat did drawe but being asked where is that
peticon he answered he doth not knowe.
Philip Caluert Robert Clarke Baker Brooke
The Examinacon of John Hatton Servant to Josias Fendall aged
forty yeares or thereabouts being duely Swome and Examined
before the bono"* the Gouemor Philip Caluert Esq"" Henry Coursey
Secret^ Robert Clarke Baker Brooks and John Bateman Esq"
of his Lo^ Coimcell the 18*^ day of February 1660
Sayth that he heard his said Master Josias Fendall say that on
Monday the fourth of this instant February he was at the howse of
Robert Himley that upon Sattirday the ninth day of February he
sawe Captaine John Jenkins with aboute 40 men at the howse of
Josias Fendall where the said Jenkins desired the said men to drawe
out in two single f yles they being then all Armed to march downe to
the p*sent Gouemor, but for what purpose this depon* knoweth not
And further sayth that Hugh Neile and William Heard with others
of the said Company whose names he knowes not went to a boate and
this depon* heard went to the East side of Wiccocomaco Riuer but
sudainly after retoumed back againe and further sayth that he
knowes Hugh Neile did ride on Captaine Fendalls horse to Porto-
back but to what purpose he knowes not And further sayth not
Jur. coram nobis Philip Caluert Henry Coursey Robert Clarke
Baker Brooke
The Examinacdn of John Balth Servant to Cap* Fendall aged
thirty yeares or thereabouts said Captaine Fendalls howse being on p. 455
Simday the third day of February his said Master did ride abroad
but whither knowes not And vpon Fryday following aboute Eight in
the morning Captaine John Jenkins with aboute thirty men all armed
came to the said Fendalls howse and he then sawe them drawe out
into two single fyles but whether it was Captaine Jenkins or Hugh
Neile comanded them he knowes not, but he rather thinkes it was
29
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450 Provincial Court Proceedings, 1661.
Libcr Hugh Neile And sa)rth that he sawe William Heard and some others
P. C. R. Qf ^jjg said Company goe over the River in a Boate And that John
Courts was at the said Fendalls in Armes till night that he this
deporf went to Bedd. And further sayth not but that the Bulletts he
had giuen to William Potter he ... . from the said Fendalls
Overseer John BaldK his marke
Jur. coram nobis Philip Caluert Henry Coursey Rob* Clarke Baker
Brooke.
The Examinacon of William Potter Servant to Captaine Josias
Fendall aged one and twenty yeares or thereabouts swome and
Examined as aforesaid Sayth that being at his Master the said
Captaine Fendalls howse aboute Fryday the Eight day of February
he sawe Cap* John Jenkins William Heard William Hall William
Crafford Henry Peerc Hugh Neile Richard Morris Thomas Jarvis
William Smoote and diuers others whose names this depon* knowes
not at p*sent appeare at his said Masters howse in Armes and M"^
Lomax then declareing his this depon** said Master Captaine Fendall
was in Prison and he this depon* heard the said company say that
they would goe and fetch him out And in particuler he heard Cap-
taine Russell say that wel goe and fetch him out and two others of the
said company whose names he knowes not say the same, And further
sayth that he sawe the said Company drawe into two fyles and he
sawe Cap* Jenkins putt the said Company as neere as he could in
order by removeing one man out of his place and putting another in
his steed And further sa)rth that ould Smoote aforesaid he sawe with
others goe over the River, and when they came back againe heard
some of them say they would be accompted Cowards And sayth that
all the said Company had Gims, and that he this depon* had given
him the day aforesaid powder and John Balch brought him the
Bulletts And further Sa)rth not.
William I Potter his marke
Attorney Anthony Welch Examined before the Gouemor this 19*** day of
Wddi March 1660 vpon Suspicion of felony confesseth that he was by her
p. 456 the vndemamed Francis Stockdell when she tooke the Goods here
vndermenconed Anthony Welch
Taken before me Philip Caluert.
Attorney Frances Stockdell Examined before the Gouemor this 19**" day
sT^deTi ^^ March 1660 vpon Suspicion of felony she confesseth she went
into her Mistresses chamber and tooke out halfe a yard of Osenburgh.
and some Lynnen and Sayth that James Woosey did in his Mistres
her absence, Idll one of his neighbours hoggs John Biscoes and
further Confesseth that she sawe the abouesaid Anthony Welch kill
one hogg of his Masters The mke of (J? Frances Stockdell
Taken before me Philip Caluert
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Provincial Court Proceedings, 1661. 451
Nicholas Rawlins Swome and Examined sayth that upon some Liber
words past which he cannot remember Betweene James Woosey and Re^v\^sey
his Mistres she gaue him a box on the Eare, And the said James
Woosey vrgeing his Mistress in bidding of her strike him againe
and she strucke him diuers tymes and further sayth not
The mkc of 8 Nicholas Rawlins
Taken before me Philip Caluert
warren nis markc
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452 Provincial Court Proceedings, 1661.
Liber Wee whose names are vnder written hauing viewed the dead bodye
Inquest' ^* ^^ Thomas Elston And wee doe finde that she was accidentally
body of drowned as Wittnes our hands Aprill 10*** 1661 John Jarboe Walter
^E?^ Pake Peter Miles his marke | Richard Lloyd Richard Fowks William
Tettershall Peter Caradine t K marke of Robert Sheel, German
Gilliard his marke A Thomas Harper John Warren John Dauis
^" h^^* ^f ^^ whose names being vnder written hauing viewed the dead
Jane ojley body of Jane Copley Servant to M*^ Thomas Turner lying in the
Roote of a tree in the woods doe verily beleiue that she running
away from her master was starved in the same place as Wittnes our
hands Aprill the 7^ 1661 William Assiter Charles Maynard, James
Martine William Walters Robert Joynor his marke R. Peter Kemp
his marke Robert Thomas his marke R T Thomas Thomas his marke
William Jackson his marke Batholomew Phillips his marke Charles
Alexander John Marcarke
Inquest on Wee whose names are vnder written hauing viewed the dead body
MkJSl^ — ^^ Martha doe finde that she was casually drowned as
p. 458 Wittnes .... Peter Caradine Robert Shelle his marke R German
Gilliard his marke Thomas Harper John Dauis
PaSie v! Fryday the 19**" of April p*sent as aforesaid
Hammond fo the honorable Philip Caluert Esq' Gouemor
The humble peticon of Walter Pake Sheweth That yo"" peticon*^
haueing formerly in the Government of Captaine William Stone
Commenced a Suite against John Hammond at a Co** held the
twenty third of March in the yeare of our Lord 1654 for payment
of a plantacon Sould by yo"" peticon'' to the said Hammond It was
then ordered by the said Courte that wee should putt it to Arbitracon
whereunto wee Entred into Bond But the said Hammond would not
suffer the party chosen on his side ever to meete, Soe that yo*^
peticon*^ hath been delayed from tyme to tyme and never could
receive any Sattisfaccdn for the said land which is very much to
yo"^ peticon" dammage Yo"" peticon'' conceiveing noe Land can be
alienated without some deeds vnder hand accknowledged in Courte
and consideracdn receiued for itt And yo*^ peticon"" hath not receiued
satisfaccon as yett
Therefore yo"" pef desires an order ag* the Attorney of the said
Hammond, whoe is M" Anne Hammond either for payment accord-
ing to Bargaine or for his land in kind with Costs of Suite and
damages for this long forbearance And yo*^ pef shall pray &c.
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Provincial Court Proceedings, 1661. 453
The pit desires p[ro]ut in peticSn aboue menconed the def* pro- Liber
duces a Generall Release vnder the pks hand excepting one bill of ^' ^' ^
600* of tobacco, the ph. pleades non est factum
Whereupon they ioyned issue and putt it to a Jury :
Vpon which a Jury was impannelld (vizt)
George Macckall L* John Bouge
Richard Games Isaack Abrahams
Thomas Burdett George Taylor
George Read John Read
Francis Walton William Palmer
William Mills James Johnson
for the Rema)ming 600** of tobacco which alsoe was accknowledged p. 459
to be reed, by the pit.
March 31*** 1655
Receiued by me Walter Pakes of John Hammond full Sattis-
faction of all debts Judgements Bills or Bonds from the beginning
of the world to this day excepting one Bill of six hundred pounds of
tobacco in Caske I say receiued by me Walter Pakes
Whereupon the Courte adjudged the pit to be non Suited with
Costs of Suite
To the bono"* the Gouemor and Councell of Maryland Calvert v.
The himible peticon of Thomas Manning Attorney Generall to
the Right bono"* the Lord Proprietary Guardian to William Caluert
Esq"" Sheweth That Leonard Caluert Esq' late Governor of this
Province did in the yeare 1641 take up and Pattent certaine Towne-
land Comonly called the Gouemors Feild as by the Record of that
yeare fo. 139 appeareth
That the said Leonard Caluert haueing aliened and Sould the s**
Land vnto Nathaniell Pope, the said Pope by bargaine and Sale
vpon Record dated 4° January 1646 did the said Land vnto the said
Leonard Caluert Reconvey whereof the said Leonard Caluert after-
ward dyed seised and soe the land vnto William Caluert sonne and
heire vnto the said Leonard Calvert did descend
How soe it is that in the absence of the said heire W™ Stone late
Gouemo'' of this Province did into the said land vnlawfully Enter
which said land is by Thomas ^tone the heire of William Stone
aforesaid or by Virlinda his wife in p*tended Right of dower vnlaw-
fully possd to the Create dammage of the said William Calvert
wherefore yo"" pet*^ humbly prayes order of this honorable Courte for
posson of the said Land with damages and Costs of Suite And yo'
pef shall pray &c.
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454 Provincial Court Proceedings, 1661.
P c^ The pk desires p[ro]ut in peticdn aboue menconed The dcf* de-
sires to be tryed by a Jury whereupon the Jury vnder written was
Impannelld, (vizt)
Nicholas Young Foreman L* John Bouge
George Mackall Isaack Abrahams
Walter Pake George Taylor
William Mills Reade
p. 460 40 January Bargaine and agreed this day Betweene the Governor
Leonard Caluert Esq' and M'' Pope to this eflFect vizt that the said
Nath : Pope hath Sould vnto the Governor his dwelling howse at S*
Marys and the Land belonging to itt, and all the Sawed Boards and
all loose tymber that are now in or aboute the howse excepting f oure
boards and the worke of John Gx>ke due to M*^ Pope for the Couer-
ing of the howse he the said Gouemor findeing all necessaryes to itt
besides the said John Gx>kes owne worke, And for price thereof the
said Gouemor is to discharge the said M"^ Pope of foure thousand
pounds of tobacco due for his p^sent Leauy and to allowe him a
Roome at the End of the howse to putt his thinges in till Spring of
the yeare that he can Remove them
Aprill 16*^ 1661 vera G^pia Ex. p Signed, Henry Coursey
I Margarett Brent Gent aged Sixty yeares or thereabouts doe
testefye that I never did make any Conveyance of the howse and
land of S* Marys which formerly was Leonard Caluerts Esq*^ to
Captaine William Stone and that neither he nor the heires of the
aforesaid William Stone hath any right or tytle to the aforesaid
house or Lands In wittness whereof I haue heretmto Sett my hand
this Eight day of Aprill 1661 Margaret Brent
Signed in the p^sence of us The marke X of Samuell Edwards
The mke I of John Dowson
The Jury retoumed and found for the pit the Case with Costs
of Suite whereupon It was ordered that according to the demand of
the pk he hath posson given him by the Sherriffe
Re M"^ Robert Slye moves the Courte to haue Administracon on the
^™Sttetc Estate of William Empson he being greatest Creditor, the Courte
being of opinion that the right of Administracon did belong to the
decedents Widdowe but she haueing neglected the demand thereof
six weekes or thereabouts The Courte orders that a moneths tyme be
given to the said Widdowe to Come and make her demand to the
same in defaulte that the Secretary pass Administracon to the Great-
est Creditor that shall within the tyme aforesaid appeare, And desire
Administracon of the same. And that this Order be putt vp at . . . .
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Provincial Court Proceedings, 1661. 455
To the honorable the Gouernor and the rest of the Councell now Liber
Sitting l^^
The humble peticon of Robert Cager Sheweth That yo"" peticon"^ Atchison
being very weake in body and in noe Capacity to cast or putt all ^^
Accompts and Reckoninge in any forme of a Suite depending Betwixt
Vinson Attchison and yo' pef. Yo"" peticon*^ craues yo*^ Honors for a .
Refference till the next Courte and he shall pray &c
In ConsideracSn that one of the def** Wittnesses lying very sick It
is referred whilst the next Courte and the def* is to bring the depo-
sicon of the Relict of William Hungerford now wife to William
Barton at the next Courte vnder the hand of some of the Com" for
this County
The Administrato" of Jane Fenwicke desires a Quietus est of the Re
Estate of Cuthbert Fenwicke to whome she was Administratrix. It e^I^J.
is therefore Ordered that any person that shall pretend to any creditt
to that Estate doe come in and make it appeare before the next
Courte otherwise a Quietus est to be graunted And that this be
affixed at the Courte Doore. John Gittings Qre
To the Right honorable the Gouernor of the Prouince of Maryland. Ex parte
The humble peticon of Patience Martine Widdowe Humbly Shew-
eth That whereas yo' peticon'' was at this last honorable Courte and
did there proue the will of her deceased husband whereupon M*^
Coursey pmised yo"" peticon*^ a letter of Administracon whereby I
might lawfully Enjoye and possesse my rights of the land and
howseing therein bequeathed to yo"" pef and her Children, but the
Widdowe Martine George Wilson and Thomas Ward most barbar-
ously last night hailed me out of my howse and shoved my Children
out head long alsoe soe that wee were forced to lye out in the planta-
con all night, and they haue nayled up the doores of my howse and
the tobacco howse which yo"^ peticoners husband built Soe that yo''
pet*^ could not gett into them and they farther threaten that tomorrow
they .... Bedd and other goods out of yo'' peticon" howse.
.... desires yo'' honor to graunte an Order to possesse Reenter
and Enjoye her howseing and Ground without Lett or molestacon p. 462
And that yo' peticon'' may quietly possesse and make vse of the same
Soe that she and her Children may not pish for want thereof And
yo'' pef shall ever pray.
Vpon the peticon aforesaid It is ordered that the Sherriffe doe
possesse her in her said howse and Land out of which as she alleadges
she was violently Ejected and that he doe by the oathe of twelue
Lawfull men of the Neighbourhood which he is hereby impowred to
Sumon Enquire of the said force and retoume their verdict into
this Courte by the first day of the next Courte
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456 Provincial Court Proceedings, 1661.
Libcr Tuesday 23**" Aprill present as aforesaid
April 23 This day came Samuell Gx>per Sonne of Sampson Cooper and
Re Cooper desired to haue liberty to choose his Guardian he alleadgdng that
he was 16 yeares old, which the Courte admitted Whereupon he
chose Hugh Lee of S* Marys Innhoulder to be his Guardian.
•
Re Whereas M*^ Edward LLoyd tendered to this Board a Bill obliga-
^Se ^^^ ^^ G^y Knowles late deceased intestate for the payment of
three hundred and nine potmds of tobacco And whereas the said M"^
Lloyd informed the Board that there was some Sallary from the
Publike due to the said Knowles as Interpreter amongst the Indians
It is therefore ordered that M"" Lloyd be the first payd out of the
Estate of the said Guy Knowles and that in case the said Sallary be
not already payd to the said Guy Knowles that then the SherriflFes
that were to leauy the same or shall hereafter be ordered to leauy the
same shall deposite it into the hands of M*^ Edward Lloyd.
May 16 At a Speciall Courte held at
Spesutia 16**" May 1661
Present
Philip Calvert Esq*^ Governor Henry
Coursey Esq"" Sec. Baker Brooks
Edward Lloyd and John Bateman
Esq" Councello".
Was read the petition of Bridgett Nelson as f olloweth
Nelson v. To the honorable the Gouernor and Coimcell of Maryland
p. 463 The humble peticon of Bridgett Nelson Sheweth That aboute the
foure .... by breakeing of a peice of Silver which Silver being
divided betweene them for the purpose aforesaid And yo"" peticon*"
being then a Servant to one M' Holland of the Herring Creeke the
said Quintin Coimyer desired one Richard Wells for to free yo"" pe-
ticoner, and to pay for her freedome out of his Estate; but the said
Richard Wells neglecting to doe itt, he imediately fell Sicke and
made M*^ Francis Stocckett his Attorney, and desired him to free yo'
peticon*^ which he did accordingly, And the said Quintin Conyer in
his sicknes did giue all his Estate both reall and personall to M"^
Francis Stocckett And the said Stockett in regard he bought her out
of the said Coimyers Estate doth intend to make her a Servant, And
moreover did vpon his death Bedd relate that he the said Quint3m
Conyer was marryed before God to yo"" peticon*^ by breakeing of tiie
af ores^ Siluer Betweene them, as by wittnes yo*^ pet' can make appeare
Now yo"" pef humbly desires yo*" bono" to take it into yo*" serious
Consideracon whether she be a Servant or a f reewoma And yo*^ pet'
shall pray.
Vpon the peticon of Bridgett Nelson aboue written aboute her
Freedome from M' Francis Stocckett whoe claymed her as parte of
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Provincial Court Proceedings, 1661.
457
the Estate of Quintyn Counyer deceased it appeared to the Courte Liber
that the decedent had given her her f reedome vnder his hand in his ^* ^' ^
life tyme by a letter dated december ii*** 1660; And M' Stockett
accknowledgeing the said letter to be y*" decedents acte It is thereupon
ordered that the said Bridgett Nelson be hereby declared free.
Beloved Bridgett
Having this opportunity I could doe noe lesse then p*sent my
Affeccon vnto yo™ and to Informe yo'* that I haue given order to
William Hunte for to take noething of yo^ Master for what he oweth
me, but Tobacco or yo' f reedome which I desire yo'* to accept oflF,
and to speake with William Hunte aboute itt for it is the Cheife of
my desires to Continue yo** whilst I am Quintin Conyer
The Indictm* of Thomas Gibbons p. 464
Let it be Enquired for the Lord Proprietary whether Thomas General v.
Gibbons now or late of Baltemore County not haueing the feare of ^>^^®"*
God before his Eyes vpon the fourth day of May at the howse of
Peter Meyor in Sasaf rax Riuer within the County aforesaid a parcell
of black peake to the vallue of forty shillings felloniously did take
and carry awaye contrary to the peece of his said Lop his rule and
dignity
Then was Impannelld a Grand Jury as followeth (vizt)
Thomas Stockett Foreman
Francis Stockett
George Uetye
Richard Bennett
Godfrey Bayley
George Gouldsmith
Henry Stocckett
Richard Wells
John Taylor
Thomas Powell
Thomas Powell senior
Symon Carpender
Charles James
James Robinson
Richard Collett
Gent:
And the Jury retoumed and brought in their Verdict billa vera.
The Jury doe p*sent for the Lord Proprietary that Thomas Gibbons
now or late of Baltemore County not haueing the feare of God before
his Eyes vpon the fourth day of May at the howse of Peter Meyor
in Sasafrax Riuer within the County aforesaid a parcell of Black
peake to the vallue of forty shillings felloniously did take and carry
awaye Contrary to the peace of his Lops his Rule and dignity.
Being asked whether he was Guilty or not Guilty he answered
Guilty
Whereupon Sentence past vpon the said Thomas Gibbons (vizt)
That he goe from hence to the place from whence he came and from
thence to the place of Execucon and there to be hangd by the neck
vntill he be dead dead dead and soe the Lord haue mercy on his
Soule.
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458 Provincial Court Proceedings, 1661.
Liber Qecilius absolute Lord and Proprietary of the Province of Mary-
^p^4fe '^^^ ^^^ Avalon .... Baltemore &c To John Collett .... inflicted
vpon the body of Thomas Gibbons to morrow being Sattirday be-
twixt the houres of nine and Eleauen of the clock in the forenoone
according to the Sentence giuen this 17^ day of May in our Provin-
cial! Courte Wittnes our Deare Brother Philip Caluert Esq' our
Leiuetenn* of our said Province of Maryland.
Signed Philip Calvert
Oecilius &c to M*" John Collett High Sherriffe of Baltemore
County Greeting Whereas by Judgement and Sentence of death was
by our Leiuetenn* and Councell denounced against Thomas Gibbons
the 17*** inst requiring yo" by writt vnder the hand of our Leiuetenn*
and Sealed w*** our lesser Scale at Armes to see the Execucon per-
formed this p^sent instant betwixt the houres of nine and Eleaven of
the Qock in the Aftemoone, Wee haueing of our meere mercy to
the said Thomas Gibbons in hopes that for the future he may become
a new man pardoned and freely forgiuen him this fellony whereof
and vnder which he now stands condemned. Wittnes our Deare
Brother Philip Caluert Esq"^ our Leiuetennant of our said Province
of Maryland. Philip Calvert
[For petition of Samuel Gouldsmith et alii and action thereon see
3 Md. Arch. Coun. 418]
[For petition of Nathaniel Utye and action thereon see 3 Md.
p. 466 Arch. Coun. 419]
31^ May 1661
Re Turnc/s Vpon the mocon of severall of the Estate of Richard Tumey
p. 4^ • • • • past ag* one thousand acres of land called Bucckingham lying
in Sasaf rax Riuer within the said County late in the occupacon and
possession of the said Richard Tumey for the sattisfying of the
aforesaid Creditors which are as followeth (vizt) to Phillip Caluert
Esq' .... Coll Uetye one thousand nine hundred M' Edward Lloyd
two thousand fine hundred M"^ John Bateman one thousand Axel!
Stille one thousand Eight hundred John Wheeler seauen hundred
Thomas Sampson foure hundred And that a writt be issued forth
to the Sheriffe of the said County to Impannell a Jury of twelue able
Freemen or more for the appraysem* thereof and a retoume of the
appraysement to be made by the tenth of September next
Re Thomas Gouldsmith his letter of Attorney to his brother Geo:
Gouldsmith Gouldsmith
Knowe all men by theis p^sents that I Thomas Gouldsmith of the
He of Wight County in Virginea Planter hath and doe hereby Con-
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Provincial Court Proceedings, 1661. 459
stitute ordeine and appoynte my trusty and welbeloved Brother Liber
George Gouldsmith in the County of Baltemore in Maryland Planter ^* ^* ^'
my true and law full Attorney for me and to my vse and in my place
and steed to dispose of or make absolute Sale of three hundred acres
of land properly belonging vnto me and being parte of a Devident
of land of mine Scituated lying and being in the same County and to
giue and Grant as full & ample deeds of Sale or Conveyance for the
T^ Re Mecsc
Mees<
taine
thena
the R
Kno\v
cono^
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460 Provincial Court Proceedings, 1661.
Liber said Henry Meese to be payd by Edward Carter of Virg* in America
P. C R. £gqr ^ jfQj. (jiuers other good Causes and Consideracons me there-
vnto moueing Haue Granted transferred Assigned and Sett over
And by theis p^sents doe clearely and absolutely Grant transferre
assigne and Sett over vnto the said Edward Carter all my Estate
Right tytle and Interest in and to the said tract of Land called Wor-
ton aforesaid To haue and to hould the same vnto him the said
Edward Carter and his heires for ever In Wittness whereof I the
said Henry Meese haue herevnto sett my hand and Scale the f oure-
teenth day of September in the yeare of our Lord God One thousand
Six hundred and Sixty
p. 469 Baltemore county Caecilius &c. to the Sherriffe of Baltemore
V. Utyc County &c Command Nathaniell Vtye of Spesutia in the said County
May 31th j^j^j Mary his wife that justly &c. they hould Covenante to Garrett
Rutton of three hundred acres of land lying in Oakeington in the
said County &c.
And the finall Concord is that the said Nathaniell Vtye and Mary
his wife haue accknowledged that the said three hundred acres in
Oakeington aforesaid with the appurtenances are the Rights of the
said Garrett Rutten as that which the said Garrett n<rui s.^ the guifte
of the said Nathaniell and Mary his wife, and the said Nathaniell
and Mary his wife hauve .... and quitt claymed from them the said
Nathaniell and Mary and the heires of the said Nathaniel the said
three hundred acres to the said Garrett Rutten and his heires for ever
And further the said Nathaniell and Mary haue granted for them-
selues and the heires of the said Nathaniell that they will warrant
the said land to the said Garrett Rutten and his heires against them
the said Nathaniell and Mary and the heires of the said Nathaniell
for ever and for this Recognicdn Remission Quitt clayme Warranty
Fiue and Concord the said Garrett Rutten hath given to the said
Nathaniell and Mary his wife the Sume of three thousand pounds
of tobacco.
James V. Idem mutatis mutandis to the Sherriffe of Baltemore County &c
Gouldsmith Conmiand George Gouldsmith and Mary his wife that justly &c
they hould Couen* to Charles James of three hundred acres called
Georgestowne and three hundred called Smithstowne lying at Steele-
pone Creeke
3** Junij John Babtist demands a writt to arrest Edmund Lindsey in an
^"^t^} I: accon of the case
Lindsey
Warr* mde to the Sherriffe of Charles County to arrest ret : the
first day of the next Courte
Idem demands a Subpa for Thomas Pritchard to testefye in the
Cause aforesaid, Sumons issued.
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Provincial Court Proceedings, 1661. 461
Thomas Burdett demands a Subpa for William Graues and Steph- Liber
en Yoe, to testef ye in a Cause Betweene the said Burdett and Burdett
Warr* mde to the SherriflFe of S* Marys County to arrest ret the ^•
first day of the next Provinciall Courte
Idem demands a writt to arrest Jacob Michells in an accon of b^***j-^2"^
debt of five thousand fine hundred poimds of tobacco Michells
Warr* mde to the SherriflFe of Calvert County to arrest ret. vt
Supra.
Robert Slye demands a Scire facias ag* Robert Macklvn Slye y.
M sickly n
Scire facias issued against Robert Macklyn to appeare at the next
Provinciall Courte to shew cause why he did not pay Eight hundred
forty six pounds of tobacco vnto M' William Barrett of London
Merchant or vnto his Attorney according to a Judgem* of the same
in the Record in the Coimty of S* Marys
Warr* mde to the SherriflFe of S* Marys to apprehend the body of ^^ June
Qement Harbert vnder SherriflFe of Rappahannocke lately fledd Herbert
from Virg* into this Province
Warr* mde to the SherriflFe of S* Marys County to apprehend the Attorney
body of Thomas Coartney ret the first day of the next Courte Courtney^
Eodem die Thomas Courtney Daniell Clocker and Thomas Allan-
son Entred into Recognizance as security for the said Courtney to
the Lord Proprietary in the Sume of 15000** of tobacco.
Richard Collett Attorney to Augustine Herman demands Execu- Herman v.
con ag* the Estate of Major George Colclough who marryed the ^oklough
relict of Symon Overzee deed.
Execuco mde to the SherriflFe of S* Marys Coimty the two and
twent)rth of June ret. the first day of the next Courte
Thomas Allanson demands a writt to arrest William Brookes in /^ July
an accon of Assaulte and Battery to the vallue of tenn thousand bJ^Wc" "'
pounds of tobacco.
Warr* mde to the SheriflFe of S* Marys County to arrest &c. ret,
the first day of the next Courte.
Idem demands a writt to arrest Thomas Coartney in an accon af Allanson v.
the Case to the vallue of fine thousand pounds of tobacco x^S'ju^
Warrant mde to the SherriflFe of S* Marys County to arrest ret !•*
day of the next Courte
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462 Provincial Court Proceedings, 1661.
Liber Memorandum this nynth of July came Thomas Allanson Richard
Re Anii^^ Willan and Hugh Lee and Entred into Recognizance as Security
p. 471 for the said Allanson to the Lord Proprietary in the Sume of forty
pounds Ster.
Re Bushell Memorandum this 20*** of July 1661 came John Abbington and
desired theis two Bills following to be Recorded vizt This Bill
bjmdeth me Edward Bushell my heires Executors Administrators or
assigns to pay vnto Cap* Thomas Comewallis or to his Assigns the
full and just Sume of two thousand two hundred and two pounds of
good tobacco and Caske in Potowmack River, at or before the tenth
day of October next ensueing the date hereof, if that the said Bill
be not payd written of Thomas Adams at or before that tyme as
Wittnes my hand this Eight day of July 1654
Edward Bushell
Wittness Math : Stone
Re Adams xhis Bill byndeth me Cap* Thomas Adams my heires Ex" Ad-
ministrator and Assigns to pay or cause to be payd vnto Cap* Thom-
as Comewallis of Maryland Esq*" or his assigns the full and just
Quantity of two thousand two hundred and two pound of Good
Sound leafe tobacco with Caske at or before the tenth of June next
ensueing the date hereof at some place within the River of Potow-
mack in the Province of Maryland for the true performance whereof
I binde my selfe my heires Executors and Assigns firmely by theis
p^sents Wittnes my hand this 18*** of Aprill 1654 Tho : Addams
Signed and deliuered in the p*sence of vs Cuth : Fenwicke Rich :
Hotchkeyes
21th July Richard Games demands a writt to arrest George Beckwith in an
p. 472 . ^ , . **
Games V. accon of the case
Beckwith Warr* mde to the Sherriffe of Calvert County to arrest ret i** day
of the next Provinciall Courte
2^ July George Hack demands a writt to arrest Francis Wright in an
Y^ht accon of the case Warr* mde to the sher. of Bait. C. ret. i** next Co**,
Hack V. Idem demands a writt to arrest Abraham Morgan in an accon of
Morgan ^he Case.
Warr* mde to the SherriflFe of Baltemore County to arrest ret vt
Supra
Hack V. Idem demands a writt to arrest Bryan Omaly in an accon of the
O-Maly Case.
Warr* mde to the SherriflFe of Baltemore County to arrest ret vt
Supra.
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Provincial Court Proceedings, 1661. 463
John Anderton demands a writt to arrest Thomas Bennett in an Liber
accon of the case fth^August
Warr* mde to the SherriflFe of S* Marys County to arrest ret. the Anderton v.
first day of the next Provinciall Courte
William Bushell demands a writt to arrest Thomas dent Executo' Bushcll v.
vnto Coll. William Price in an accon of the case. ^
Warr* mde to the Sherriffe of S* Marys County to arrest ret : ut
Supra.
Robert Hooper demands a writt to arrest William Greene and Hooper v.
Elizabeth his wife in an accon of the case ^^^^
Warr* mde to the Sherriffe of S^ Marys County to arrest ret ut
Supra
John Vanhack recordeth his marke of Cattle &c vizt over Keeled Cattle mark
on the left eare and cropt on the Right and one other marke which
is over Keeled on the Right Eare and a hole in the left
William Asberston recordeth his marke of Cattle &c (vizt) Cropt 7**> Aug.
on both Eares and the Arrowhead taken out behind of both Eares.
William Calvert Esq' Recordeth his marke of Cattle &c (vizt) the
Left Eare with the fore parte taken away and on the Right Eare 31 May 1661
the hind parte taken away
This day came M' Charles James and Surrendred up a Pattent of p. 473
three hundred acres called Smithstowne to the Lord Proprieto' and ^ j^^s^^
desired that he might haue a new one Granted him with an addicon
of three hundred acres more to itt and to be all putt into one Pattent
and to be called Dra)rton
This day came Richard Forster and desired the ensueing Indenture lo^ Aug.
to be Recorded (vizt) ^^ ^"^"^^^
This Indenture made the foure and twent)rth day of February in
the yeare of our lord one thousand Six himdred forty Seaven Be-
tweene Thomas Gerrard of in the Province of Maryland
Esq' of the one party and Nicholas Gu)rther and Thomas Jackson of
the same place Planters of the other party Wittnesseth that the said
Thomas Gerrard Esq' hath demised and to farme sett and by theis
p^sents doth demise and to farme lett one Neck or parcell of ground
with one Hand called by the name of S* Margaretts Hand Bounding
vpon Wiccocomaco River North and soe rimning vp North from a Memd. that
Branch of a Creeke called by the name of Back Creeke and soe 9^ ^®^v
Northward soe f arr as doth or may contajme seaven himdred acres interlined
in measure To haue and to hould the same Hand with the neck of was m the
land by them the said Nicholas Gu)rther and Thomas Jackson their almost
heires Executo** or assigns for and during the tearme of one and w®"*« ^"^
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464 Provincial Court Proceedings, 1661.
Liber twenty yeares Beginning from Christmas in the yeare of our lord one
P. C R. thousand Six hundred forty three and when the aforesaid tearme of
twenty one yeares is expired it may be law full for the said Nicholas
Gu)rther and Thomas Jackson to renewe their lease payeing to the
said Thomas Gerrard his heires Executors or assigns one yeireling
Heifer fine and soe from one and twenty yeares to one and twenty
yeares payeing the aforesaid fine vntill the worlds End without moles-
tacon or trouble of him the said Thomas Gerrard his heires or As-
signs for the tyme being And it shall be lawfull for them the said
Thomas Jackson and Nicholas Guyther to cutt or fell tymber or
cutt Seige for their vse or vses any where within the said Manno*"
and to haue liberty to fish f owle or Hunte any where within the said
Manno' excepting the two Hands And further all fencing and In-
closeure ag* Hoggs or other Cattle shall be done at the proper cost
and perill of ... . and Thomas Jackson their .... therefore yearely
p. 474 at S* Qements Manno*^ three Barrdls of good Come at the nativity
of our lord and if the said Rent be not payd within twenty dayes
after the daye it being demanded then it shall be lawftdl for him the
said Thomas Gerrard his heires Executors or Assigns to distrayne
vpon the said land for the said Rent And if there be noe Goods found
vpon the said land to distreyne then the said land to fall and retoume
to the lord of the said Manno*^ And appeareing vpon Summons at any
Courte held within the said Manno*^ And to perf orme and acquitt all
dues dutyes and services as to a Courte Barron belongeth In Wittness
whereof the said Thomas Gerrard hath hereunto putt his hand and
Scale the day and yeare aboue written Tho Gerrard
Sealed and Deliuered in the p*sence of George Colclough Will :
Pindley
Knowe all men by theis p*sents that I Nicholas Gu)rther of the
Province of Maryland doe assigne over all my Right tytle and
Interest in the aboue menconed Pattent vnto Thomas Jackson As
wittnes my hand this 15*** of August 1652 Nicholas Guyther
Attorney Caecilius &c To the Sherriffe of S* Marys County his deputy or
Gerard deputyes to yo" and every of yo" Greeting whereas Thomas Gerrard
^^«J Md of S* Qements Manno*^ did upon the 28*** of February last Enter into
3gjJ Recognizance to us in the Simie of loooo* tob. in case he the said
Thomas Gerrard should not well behaue himselfe towards us and all
the people of this Province &c And Whereas the said Tho : Gerrard
hath forfeited his said Recognizance as is alleadged Wee Command
yo™ that yo" make knowne vnto the said Tho : Gerrard that he be
at our Provindall Courte on the Eight of October next there to
shew cause why the said Sume of 10006* tob. should not be leauyed
upon his lands Goods and Chatties according to the effect of his
Recognizance then haue yo" there the name of those psons by whome
yo" haue made ....
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Provincial Court Proceedings, 1661. 465
Subpa mde to the Sherriffe of S* Marys County to Sumons Rich- Liber
ard Forster Ralph Haywood and Edward Turner to testefye &c ret ^'^^
ut Supra.
John Elzey demands writt to arrest Henry Hooper in an accdn of Ekey v.
debt ^^P^
Warr* mde to the SherriflFe of Calvert County to arrest ret ut
Supra
Idem demands a Subpa for Thomas Turner to testefye &c Sumons
mde to the Sherriffe of S* Marys County
Idem demands a Subpa for Samudl Goulds [mith] .... testefye
&c ret ut Supra
Sumons mde to the Sherriffe of Balte. County.
Memorandimi that this two and twentyth day of June 1661 Thom- Courtney's
as Coartney Danidl Clocker and Thomas AUanson came personally ^^ ^"^
before me Phillip Calvert Esq*" one of his Lo^ Justices of the peace
of this Province And the said Thomas Allanson and Daniell Qocker
did vndertake for the aforesaid Thomas Coartney and then the said
Thomas Coartney did then for himselfe vndertake that the said
Thomas Courtney would appeare at the next Provinciall Courte to
be houlden at Saint Marys the Eigth of October next And that in the
meane tyme he doe well behaue himselfe towards his said Lo^ and
all the people in this Province to (witt) that he doe not nor procure
to be done any damage or hurte to any the people of this Province or
any of their Cattle whatsoeuer by lying wa)rte insulte or any other
manner that may tend to the breach or disturbance of his Lo^ peace,
That is to say each of the said daniell Clocker and Thomas Allanson
vpon payne of fine thousand potmds of tobacco and the said Thomas
Coartney vpon pajme of fine thousand potmds of tobacco which said
seuerall Sums of fine thousand pounds of tobacco the said daniell
Clocker and Thomas Allanson as aforesaid and each of them for
himselfe and the said Thomas Courtney the said Sume of fiue
thousand potmds of Tobacco did accknowledge to owe to his Lo^ the
Lord and .... this Province of the lands Goods and Chatties ....
to be leauyed to the vse of ... . Coartney shall .... shall happen to p. 476
f ayle in any of the p^misses and hereof be lawfully convicted dated at
S* Mar3rs the day and yeare abouesaid Thomas Courtney
The mke D C of daniell
Clocker
Thomas Allanson
Capt et Recognit coram nobis John Gittings Robert Pe)rton
By authority from me to them delegated and after the Raysures
and Interlineings Philip Caluert
Memorandum that this fourth day of July 1661 Thomas Courtney
and Daniell Clocker came personally before me Philip Calvert Esq'
30
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466 Provincial Court Proceedings, 1661.
Liber Governor of the Province of Maryland and the said daniell Clocker
P. C. R. jj J vndertake for the aforesaid Thomas Coartney and then the said
Thomas Coartney did for himself e undertake that the said Thomas
Coartney would appeare at the next Provinciall Courte to be houlden
at S* Marys the Eigth of October next, And that in the meane tyme
he doe well behaue himselfe towards his Lo"* and all the people in this
Province to witt that he doe not nor procure to be done any damage
or hurte to any of the people of this Province or any of their Cattle
whatsoeuer by^lying wa)rte Insulte or any ojther manner that may
tend to the breach or disturbance of his Lo^* peace, that is to say the
said Daniell Clocker vpon payne of fiue thousand pounds of tobacco
and the said Thomas Courtney vpon payne of tenn thousand pounds
of tobacco which said seu^all Sums of fifteene thousand pounds of
tobacco the said daniell Clocker for himselfe and the said Thomas
Courtney for himselfe doe accknowledge to owe to his Lo"* the Lord
and Proprieto' of this Province of the land goods and Chatties of
them and euery of them to be leauyed to the vse of his said Lop. if
the said Thomas Coartney shall happen to fayle in any of the p*misses
and hereof be lawfully Convicted dated at S* Marys the day and
yeare abouesaid
Capt et Recognit Thomas Courtney
Attorney Memorandum that the Eight and twentyth day of February in the
^^GwLrd y^^^^ ^^ ^^^ ^^^ '^^ Thomas Gerrard of S^ Clements Manno"^ in
p. 477 the County of S* Marys came personally before us the Governor and
Councell and did assume for himselfe vpon pajme of tenn thousand
weight of tobacco that he shall well behaue himselfe towards his Lop
the Right bono"* the Lord Proprietary and all the people of this
Province whatsoeuer to witt that he shall not doe or cause or procure
to be done any dammage or hurte to any of the said people vpon their
bodyes by lying in wa)rte insulte or any other meanes which may any
wayes tend to the hurte or disturbance of his Lqp* peace nor speake
or doe any contempt of his Lo^* rule and Gouemm*, here or for
the publishing establishing or advancing any other Right or t)rtle to
the Propriety or dominion of this Province then the right and tytle
of his said Lop or his heires which said Sume of tenn thousand
pounds of tob he did accknowledge to owe to his said Lop of his
respective lands and tenements Goods and Chatties to the vse of his
said Lop and his heires to be made and leauyed to whose hands
soeuer the same shall come, if the said Thomas Gerrard shall infringe
or breake any of the p*misses Respectiuely In Wittness whereof wee
the said Governor and Councell haue hereunto sett our hands and
lesser Seale of this Province dated at S* Marys the day and yeare
first aboue written
Philip Calvert Rob* Clarke Baker Brooke
Hen : Coursey Edd : Lloyd John Bateman
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Provincial Court Proceedings, 1661. 467
Elizabeth Bedlum dem^ a writt to arrest Hugh Lee in an accon Liber
of debt as Ad**^"^ to Sampson Cooper Bcdiuni v
Warr* mde to the Sherriff of S* Marys County to arrest ret. nineth Lee
of October
Warr* to the Sherriffe of Baltemore County to apprehend William Attorney
Gyles vpon suspicon of murder cflcr*^ ^
Patience Martine demands a writt to arrest Ellinor [Martine] in Martine v.
[an] accon of.... M*^*"^
.... of S* Marys County to arrest
Daniel! Clocker demands a writt to arrest Thomas Coartney in p. 478
an accon of the case S^r^^'
Warr* mde to the Sherriffe of S* Marys County to arrest ret ut
Supra
Ellinor Martine demands a writt to arrest Patience Martine in an Martine v.
accon of the case Martine
Warr* mde to the SherriflFe of S* Marys County to arrest ret ut
supra
Thomas dent demands a Subpa to Sumons Zachary Wade to teste- Bushel! v.
fye &c in a cause Betweene the said dent and William Bushell Subpa ^^*
mde
Jacob Lombrozo demands a writt to arrest James Jolly in an accon Lumbrozo
of the Case v- Jo"y
Warr* mde &c
Idem dem*'* a Subpa to Sumons Will™ Bretton Thomas Cager and
Edmtmd Hanfeild to testifye &c. Subpa mde
Elizabeth Bedlum demands a writt to arrest Hugh Lee Adm^ to Bedlum v.
Sampson Cooper deed in an accon of debt Lee Adminir.
Warr* mde to the Sherriffe of S* Marys County to arrest ret ut
supra
Thomas Gerrard demands a writt to arrest Robert Cole in an Gerard v.
accon of the case Cole
Warr* mde &c ret ut supra
Warr* to the SherriflFe of Calvert County to apprehend the body Attorney
of Anne Nevell vpon Suspicon of murder. General v.
Nevell
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468 Provincial Court Proceedings, 1661.
Liber Henry Moore dem^ a writt to arrest Josias Fendall in an accon
M^o^c^^f^^^se
Fendall Warr* mde to arrest &c ret ut supra
1661 At a Provinciall Courte held at S* Marys on Tewsday the Eigth
5'ct^i of October 1661
Present Phillip Calvert Esq"^ Gouemor Henry Coursey Esq*" Sec-
retary M' Robert Qarke M' Baker Brooke and M' Edward Lloyd.
To the Right honorable the Gouemor and Councell of the Prouince
of Maryland
^•Pj^jj The humble peticon of Vincent Atchison Humbly Sheweth That
Whereas there is an obligacon from Robert Cager for tenn pounds
Sterling due to yo' pet"^ which said obligacon is not performed
Wherefore yo' peticon*^ humbly desireth yo^ bono" to graunt an order
for the same with dammages and Costs of Suite according to lawc
and Justice wherein yo*^ pet^ shall be euer bound to pray
Cager
Vincent Atchison his Letter of Attorney to John Metcalfe
Knowe all men by theis p^sents that I Vincent Atchison of the
County of S* Marys within the Province of Maryland doe Constitute
and appoynte my louing freind John Metcalfe of the same Province
gent my true and lawfull Attorney in all Causes wherein I shall be
either ph or def* for this present Provinciall Courte being the
Eighth of October and I giue to my said Attorney full power to make
either Attorney or Attorneys according to this discrecon as if I were
p*sent my selfe Wittness my hand this seauenth of October 1661
Wittness Hugh Lee Clement Herbert Vincent Atchison
The Condicon
Knowe all men that I Vincent Atchison doe binde my selfe to
serue Robert Cager his wife or Children in case the said Robert
departe this life in the tyme of my seruice in such service and Em-
ploym* as he the said Cager as aforesaid shall employ me in for and
during the tearme .... March come two yeares which .... whereof
p. 480 I haue herevnto sett my hand this second day of Aprill 1653
Wittness John Lawson Walter A Beane his marke
Knowe all men by theis p^sents that I Robert Cager doe binde my
self my heires Executo" Administrators and assignes to Vincent
Atchison to giue and deliuer or cause to be deliuered one Cow
Calfe in Aprill twelue moneth next ensueing 1654 And tenn potmds
sterling or goods to the valine when the abouesaid Vincent Atchison
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Provincial Court Proceedings, 1661. 469
hath serued me in such service as I shall Employ him in during his Liber
tyme of Service which t3mie is, till the last of next March come two ^- ^' ^
yeares And further I the said Robert as aforesaid doe and will give
the said Vincent when his full t3rme is Expired Ground and houseing
for to plant and cure his Cropp vnto the abouesaid I haue hereunto
sett my hand this second day of Aprill 1653
Wittness John Lawson Walter A Beane his marke
13*^ Aug. 1661
Ann Barton aged twenty yeares and vpwards swome and Exam-
ined vpon her oathe sayth That six or seaven yeares a goe this said
depon* doth Remember that her deceased husband W"* Hungerford
before she was marryed did pay to M' Hatch two hhds of tobacco
for the vse of M' Cager in parte of pa3rment for a mayd seruant that
William Hungerford had of M*^ Cager which afterwards Vincent
Atchison had and marryed and was to make sattisfaccon for her to
M' Cager and since my husbands death my father hath reed two hhds
of Vincent in the Roome of the two hhds my husband did pay to
M' Hatch and further sayth not
This deposicon was taken before me W" Marshall ® his marke
This depon* sayth that three yeares agoe or thereabouts being at p. 481
Cap* Prices plantacon this depon* was there with the ph and see him
bring out some paps in his hand and amongst them the bond of the
def**, and the ph did say that if he would he could play the Knaue
with M*" Cager the def* and further Sa)rth not
Jurat coram me Thomas Dent
The Deposicon of George Taylor aged aboute twenty fiue yeares
Swome and Examined the 3^ day of ... . Sayth That when I was a
Liuer in M*^ Cagers howse aboute the yeare 1657 I heard M' Robert
Cager aske Vincent Atchison when they should come to accompt he
answered at any tyme he asked him, and they agreed both to come to
John Lawsons, Robert Cager went at the tyme and place appoynted
but Vincent came not, M' Cager tould Vincent of his disappoyntm*
&c asked him againe when and where they should come to Accompts
Vincent sayd any day when he would at the Cross and a day was
appoynted. And M' Cager went the day appojmted, but Vincent was
not there Vincent comeing againe to M*" Cagers howse M*^ Cager
asked Vincent when shall wee come to Accompt Vincent swore that
he would bring over either M*^ Hoskeys or M*^ Abbington to make a
full End and further sayth not Wittnes my hand the day and yeare
aboue written George Taylor
John Lawson Com^
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470 Provincial Court Proceedings, 1661.
Liber 12^ Aug. 1661
P. C. R.
Humphrey Attwicks aged forty yeares or thereabouts Sworne and
examined vpon his oathe Sayth That aboute f oure or five yeares agoe
this depon^ being desired to demand a bill of M" Cager by this
depon** Sister in Lawe Anne Hungerford Widd she the said M"
Cager replyed to this depon* that there was some Recconing betweene
the said Vincent Atchison and her husband And this depon* further
sayth that being .... with M" Cager he did looke in a bagg and
could not finde itt and this depon* retoumed back to the said ....
that was Thomas Bushells .... M" Cager could not finde the
p. 482 bill but the said Vincent demanded of this depon* whether M" Cager
looked for this Bill in a long bagg or not And this depon* answered
Vincent yea she did but beleiued that she did not knowe the bill, but
Vincent replyed a Pox on her for she counted her bills over oftner
then she sayd her prayers And further this depon* sa)rth that Vincent
went away in a Rayge to the howse of M*" Cager and swore he would
fetch the bill or fyre the howse and did Retoume and bring the
bill And further Sayth not
This Deposicon was taken before me Will"* 3) Marshall his marke
The ph Sueth for tenn pounds Sterling according to a Bill pro-
duced, which vpon Readeing the Obligacon was Confest: But the
def* in discharge thereof pleades that the said Vincent vndertooke to
pay one thousand weight of tobacco for a Servant bought by William
Hungerforde of the def* for which the def* had William Hunger-
fords bill ; The pit Replyes that he has sattisf yed the said bill and
that the said bill was deliuered him by the def* which was alsoe
accknowledged by the def* The Judgement of the Board is that the
def* pay vnto the pit the said tenn pounds Sterling with Costs of
Suite
Public It is ordered that all persons that can demand any thing from the
Accounts Pubiique that they bring in their Accompts to morrow before the
Courte rises
The Courte Adjournes whilst to morrow morning tenn of the
Clock.
Oct. 9 Wednesday the ninth of October Present all
General V. John Jenkins and William Fuller come forth and appeare to
Jenkins ^nswere vnto such thinges as shall be objected ag* yo" on the behalf e
of the Lord Proprietor or else yo" will be out-Lawed Being five tymes
called they neither of [them] appeared The Judgem* ....
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Provincial Court Proceedings, 1661.
471
Then was called for a Grand Jury for this Co*^.
following, (vizt)
Nicholas Young Foreman'
these persons Libcr
P.CR.
p. 483
Robert Cole
Robert Kingsbury
Daniell Clocker
Henry Adams
Peter Joy
William Harper
James Jolly
Henry Ellery
Thomas Sympson
Zachary Wade
William Hughes
William Cole
-John Vanhack
George Maccall
John Wayhope
George Taylor
William Palmer
Gent:
Whoe being Sworne and their Charge given them they withdrew
to make Inquisicon to the Indictm* of W"* Gyles and Anne Nevell
The ph demands an Indian of the def* promist him in Sattisfaccon Henry
of another Indian belonging to the ph sould by order of the deP vnto Moore v.
the Queene of Portoback, And the ph not being able to make any F^dall
thing appeare a Non Suite was Granted to the def^
To the Right honorable the Gouemor and Councell of the Province Ascolar v.
of Maryland F«n<^^l
The humble peticon of Dennis Ascolar Humbly Sheweth That yo'
peticon*" came into the Province of Maryland with Captaine Henfeild
which Henfeild did sell yo^ peticon' to Walter Beane for the tearme
of seauen yeares which t3rme yo' peticon' hath honestly serued
Wherefore yo' peticon' humbly craueth that this honorable Courte
will be pleased to take it into their serious Consideracon that as yo'
peticon' came in without any Indenture may not be forced to serue
any longer then yo' pet' came into the Country for And yo' pef shall
pray &c.
The ph sues as in peticon abouesaid The .... bought him for
seauen .... an according to a deed here Showne in Courte which p. 484
deed p^cisely not nameing the Servant, It is ordered that the Servant
be brought to the next Provincial! Courte and that Walter Beane be
summoned to the Courte to testefye for how many yeares he bought
the ph of Cap* Henfeild
To the honorable the Gouemor and Councell of Maryland
The humble peticon of Thomas Gerrard Sheweth That Whereas
Thomas Belcher is indebted to yo' pet' Six hundred and fifty pounds
of tobacco and Caske by Bill and likewise two thousand nine hundred
thirty Eight pounds of tobacco and Caske as yo' peticon' is Attorney
of John Lord for which Summes yo' pet' humbly craues order
against the said Belchers Estate And he shall pray &c.
Gerard v.
Belcher
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47^ Provincial Court Proceedings, 1661.
liber Knowe all men by theis p^sents that I John Lord of Nomains in
P.CR. ^e County of Westmerland in Virginea Merchant doe constitute
ordeine and appoynte my well beloved f reind Thomas Gerrard of S*
Qements in Maryland Esq"" my true and lawf ull Attorney for me and
in my name to Recouer all debts due to me in the Province of Mary-
land and especially from the Estate of Thomas Belcher of Patuxent
late deceased Giveing and Granting full power unto my said Attorney
to all Intents in Lawe as if I my selfe were p^sent as Wittnes my
hand this fourth of September 1660 John Lord
Testes John Ryues Sam : Dobson
This Bill bindeth me Thomas Belcher my heires or Assigns to pay
or cause to be payd vnto Thomas Gerrard Gent, his heires or Assigns
the full and just Sume of Eight hundred and fifty weight of mar-
chantable tob. in leafe and Caske to be payd at or vpon the last oi
Novemb"" as Wittnes my hand this third of March 1658
Wittness Tho Hinson Tho. South. Thomas Belcher
; This bill bindeth me Thomas Belcher of Patuxent my heires
Administrators or Assigns to pay or cause to be payd vnto John Lord
of Hartford in New England Merchant his heires Executors or
Assigns the full and Just Sume of three thousand and Eighty three
pounds of good tobacco and Caske according to Act of Assembly on
all demands after the tenth of October in the yeare 1658 as wittness
my hand this tenth of June 1658 Tho : Belcher
Testes James Veitch William u Dorrington his marke
Reed of this bill Eight hundred forty seauen pounds of tobacco
for the Ace® of M"" Richard Mattox I say by me received
John Lord
The pit demands as in his peticon The def* accknowledges a debt
of six hundred and fifty pounds and two thousand two hundred
thirty six pounds due to John Lord Judgem* for the said Sumes,
And whereas there was a bill for foure hundred Eighty six pounds
of Thomas Thomas deliuered to the said Belcher in case the said
bill be not Redeliuered to M"" Thomas Gerrard as Attorney to John
Lord that the then def* is to pay the said foure hundred Eighty six
pounds of tobacco.
To the honorable the Gouemor and Councell.
B The humble peticon of Thomas Turner Humbly Sheweth That
I whereas M' William Johnson of S* W3mifrids in tihe County of S*
Marys dyed intestate without makeing any other then a Condiconall
will vpon his departure out of this Province in case of his the said
Johnsons miscarrying at Sea, which will yo"" pef humbly conceiueth
to be ... . seuerall reasons and Infringem*^ made in ... . marryed
the Relict of the right of his
6
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Provincial Court Proceedings, 1661. 473
Knowe all men by theis p^sents that I William Johnson of the libcr
Province of Maryland haue for and in Consideracon of five thou- ?* ^
sand weight of tobacco which I haue receiued of James Langworth
of S* W3myfrids in Maryland aboues^ gent And in Consideracon
that the said Langworth hath vndertaken to pay certaine debts left
with the said M' Langworth I the said Johnson for the abouesaid
consideracons Haue bargained and sould and deliuered vnto the
abouesaid James Langworth all my whole Estate of land howseing
Cattle hoggs and all other Goods and Chatties moueable and im-
moueable within the Province of Maryland and Virginea As Witt-
nes my hand this Eighteenth day of June 1656
William Johnson
Signed and deliuered in the p^sence of us Ralph Crouch Hester
Mathews
Copia vera Ex p me Walter Hall Qerk.
Vpon the peticon of Thomas Turner touching the last will and
testam* of William Johnson deed the Courte vpon readeing the will
and findeing it a will Condiconally made (that is in case he and his
wife should perish at Sea in their Voyage for England) And it
appeareing to the Courte that the wife of the said Johnson is now
aliue within this Province and the Child alsoe aliue in England in all
probabillity the Courte doth adjudge the said will voyd Saucing that
Qause where the Estate is given to the Survivor And whereas the
said Turner has produced a certaine deed beareing date the Eight-
eenth day of June 1656 by which the said William Johnson in con-
sideracon of five thousand pounds of tobacco by him accknowledged
to be received from James Langworth And for that the said Lang-
worth had vndertaken to pay certaine debts of the said Johnsons The
Courte doth adjudge that the said deed of bargaine and Sale totally
to haue recinded the said last will and testam* beareing date the
seauenth of June 1656
To the Right honorable the Gouemor and Councell
That Sampson Cooper deceased is indebted vnto yo' peticon"" by Bcdlum y.
bill the Sume of twelue hundred pounds of tobacco and a yeares Lee Adminr.
leauy being Sixty one pounds of tobacco which yo"" pet' payd for the p. 487
said Cooper Yo"" peticon"" being a poore distressed Widdowe most
humbly desires an order of this bono"* Courte ag* M"" Hugh Lee
Administrato' of the aforesaid Cooper for the tobacco And she shall
ever pray &c.
The pit demands as in the peticon abouesaid The def* accknow-
ledges a Judgem* It is ordered that when the def* .... the ph one
thousand two htmdred Sixty and one pounds of tobacco she is to
deliuer in the Speciality
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474 Provincial Court Proceedings, 1661.
Liber To the Right hono**'* the Gouemor and Councdl
P C.R.
Allanson y. The humble peticon of Thomas AUanson Htimbly Sheweth That
Brookes yQr peticoner being Overseer to the Right bono"* the Govemo" Ser-
vants at the Quarter and comeing one Sattirday in the afternoon to
the Create owse (as yo"" peticon' was often accustomed) at yo""
peticon" departure from thence homewards to the Quarter aboute
tenn a clock of the night yo"" peticon'' was assaulted by one William
Brookes whoe with a greate Cudgell which he had on That purpose
provided, in cold blood and in the darke did most inhumanely twice
knock downe yo*" pef giving him severall Cruell Blowes Yo*" pef
being unarmed and not able to make any defence other then calling
out for Rescue as yo"" pef can by sufficient testimonyes make appeare
Yo*^ peticon"" humbly referring the p*misses to yo"" bono" Con-
sideracon humbly craveth that the said Brookes may be Compelled
to make sattisfaccon to yo' pef And yo"" pef^ shall pray &c.
Penelope Hall aged twenty three yeares or thereabouts Swome
and Examined this 29*^ of July 1661 Sa)rth That on or aboute the
last day of June betweene nine and tenn of the Qock at night pres-
ently after she came from milking she sawe M"^ Calvert cutt an ould
Lymm of a Cherry tree fitt for his ... . all the twiggs and made it
Knotty and as she was .... lawe M' William Calvert .... he Cutt
p. 488 and shewed it M' Brookes and M"" Brooks had another Stick in his
hand and p*sently afterwards the said Calvert layd downe his Stick
vnder the Punchins and then they went out together and talkt againe
and then M"" Calvert parted from the said Brookes and stood be-
tweene the doore of the howse and the Chimney and the said Brooks
tarryed there by and by M"" Allanson goeing that way home to the
Quarter as soone as he had past M"" Calvert, M"" Calvert followed
him and as soone as he had past the said Brookes the said Brookes
followed him and knockt him downe and strucke him twice Crosse
the Shoulders before the said Allanson could Rise and once more
vpon the Arme as he was riseing noe words being changed till the said
Allanson cryed out murder The marke of H Penelope Hall
Swome before me Philip Caluert
Elizabeth Damall aged twenty three yeares or thereabouts
swome and Examined this 29*^ of July 1661 Sayth That on or aboute
the last day of June Betweene nine and tenn of the Qock at night
she sawe William Brookes standing behind the Punchins with a
greate Stick in his hand and Thomas Allanson goeing a little while
afterwards that way home to the Quarter as he was goeing the said
Brooks knockt the said Thomas Allanson downe twice and further
sayth not The marke of W Eliz : Damall
Swome before me this 29*** of July 1661 Philip Caluert
They putt themselues to the tryall of a Jury
Whereupon was Impannelled a Jury as foUoweth vizt
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Provincial Court Proceedings, 1661. 475
John Hammond Foreman*
Richard Forster
Daniell Johnson
John Lewger
William Hatton
Patrick Forrest
Robert Maccklyn
Edward Turner
Peter Wates
William Mills
Robert Hooper
John Wheeler
Liber
p. C. R.
•Gent
Whoe being Sworne went to trye the ... .
And the Jury brought in their Verdict (vizt) p. 489
Wee finde for the ph three hundred pounds of tobacco damage
with Costs of Suite
To the honorable Gouemor and Councell of the Prouince of Mary- Re Bushcll's
land ^^*^
The humble peticon of William Bushell Sheweth That yo"" peticon*^
being the Right heire apparant vnto Thomas Bushell his brother
deceased ought by the lawe to haue a Com**" of Administracon
granted vnto him of the personall Estate of his said Brother deceased
and also with such lands as he was seized of at the tyme of his decease
Wherefore yo"^ peticon^ humbly craueth that he may haue Ad*^** of
the said Estate as vnto the Right heire belongeth and that all such
persons as shall in any in just waye contrary both to Lawe and Equity
deteyne and withhould any -pte or parcell of the said Estate and yo*"
poore pef being able soe to prove by power full Evidence Humbly
implores through yo"" Justice by granting a Com**" that all such either
person or -psons whoe shall or may be called vpon in this case and
ref useth to Surrender may be compelled vpon oathe And yo"" pef shall
pray &c.
the pit as Brother to Thomas Bushell deceased demands the Estate William
of inherritance of Thomas Bushell deed, And further desires that he Thomas^
may haue Ad*=**" vpon the said Estate to which the def* replyed not Dent
But desired that it might be referred to the next Courte and th* in
the meane tyme the def* haue a Coppy of the phs peticon
It is ordered that the SherriflFe take into his Custody John dawson Attorney
J n^i^ r- ^ General v.
and 1 homas Coartney Dawson &
Courtney
Let it be Enquired for the Lord Proprietary whether W" Gylls G^nera7v.
at the howse of M"^ Symon Carpenter a certaine man named Nathan- Gylls
iell Procter did felloniously kill or murther .... him sometymes in
May last .... Government .... And the aforesaid Jury brought P- 490
in their Verdict in theis words (vizt) As to the Indictm* Ignoramus GeneraFv.
But wee finde that the man was killed or Slayne accidentally And as Nevell
to Anne Nevells Indictment (Billa vera)
The Courte adjournes till to morrow morning nine of the Qock
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4/6 Provincial Court Proceedings, 1661.
Liber Thursday October 10*
P C. R.
Oct 10 Present as Yesterday
General y. The Judgem* against Jenkins and Fuller is Respitted till to morrow
Jc^ins morning
Re Then Proclamacon was made that if any person p*tend to haue
^^Estete ^^y Creditt due from the Estate of Cuthbert Fenwicke deceased
according to an order of the last Courte and noe person appeareing
to make any Clayme Ordered that a Quietus est be Granted to the
Administrato" of the said Jane Fenwicke
Gerrard v. The pH preferred his peticdn and vpon readeing the same the def*
Cole
desired two houres respitt which was Graunted
Mackane v. At a Courte held at New Towne for the County of S* Marys 13***
G^ August 1661
appeale Present Coll. William Evans M"" Thomas Turner M"^ John Abing-
cSinty ^^^ M' Luke Gardner M' Thomas dent and M' Richard LLoyd
G)urte
To the hono**^* the Gouemor and Councell
The humble peticon of Ricckett Mecane Humbly Sheweth That
yo"" peticoner being taken by force out of his natiue Country and
brought here vnto Maryland and sould vnto M"" Thomas Gerrard
And after yo"" peticoner had been a while at the howse of M"" Gerrard
The said [Mr] Gerrard compelled yo*^ peticon"" serue him fifteene
p. 491 .... Served M"" Gerrard Six yeares and a halfe and is now one and
twenty yeares of age by the aforesaid Indenture hath Eight yeares
and a half more to serue which is contrary to the lawes of God and
man that a Christian Subject should be made a Slaue
The premisses considered yo' pef most himibly desireth that yo'
honor will be pleased to grant yo' peticon' an order for his f reedome
And he shall pray
Ordered that this peticon be referred to the County Courte and
that the Servant haue the liberty to sue his Master And that the
SherriflFe of S* Marys .... this peticon to the County Courte whoe
are to see Justice done in the busines John Gittings Qk.
Whereas the peticon of the pit haueing been referred from the
Provinciall Courte to this Courte with an order annexed to see
Justice done therein The def* alleadgeing that when this peticon was
preferred at the Provinciall Courte was at such tyme as he was not
there and noe Suite commenced Whereupon the def* desired an Ap-
peale to the next Provinciall Courte The Courte after much debate
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Provincial Court Proceedings, 1661. 477
insisting vpon the words of the order (to see Judgem* done therein) Liber
did conclude that they might with safety grant an Appeale Where- ^' ^' ^*
upon It is ordered that the def* give in secority to appeare at the
next Provincial! Courte the Eigth of October next And that he see
the ph to be there and appeare (he being his Seru*) and in case he be
cast to pay double damages and Costs of Suite
Walter Hall Qk.
The Deposicon of Judith Loue aged twenty two yeares or there-
abouts Swome the fourth of October 1661 Sayth that she this depon*
was p^sent at M' Gerrards Quartering howse at Mattapenny when
Captaine Hinfeild brought thether certaine Irish Servants to sell
vnto M"" Gerrard And this depon* further sayth that she did see the
said Hindfeild threaten the said Servants with his Kayne and say to
them that they should seme fifteene yeares and this depon* Sayth
that she when the said Hindfeild was thus threatning of them and
saying hang them Rouges they shall serue fifteene yeares there was
certaine wrytings a draweing, And further this depon* sayth not
Judith $ Loue her marke
Nicholas Lanstowne aged thirty three yeares or thereabouts being p. 492
swome and Examined Sayth That in October anno 1654 M' Thomas
Gerard and Coll Speake bought betweene them of Captaine Robert
Henfeild Eight Irish boyes the Eldest of those boyes in my Judge-
ment then was not aboue tenn yeares of age and many of them not
neere soe much And further this depon* sayth not
Sept II* Nicholas Lansdowne
Jurat coram nobis John Washington W"* Peirce
August 14*^ 1661 George Colclough aged thirty seaven yeares or
thereabouts Swome and Examined the day and yeare aboue written
Sayth That he was p*sent when Cap* Robert Henfeild sould vnto
Thomas Gerrard Esq"" certaine Irish Servants which said Serv** were
to serue the said Gerrard according to the Custome of Virg* all
which said Servants or the greater parte of them did giue vnder their
hands the very same tyme to serue the said Gerrard severally certaine
yeares which was then Computed by seuall persons p*^sent to be
according to the Custome of the Country and did subscribe the same
voluntaryly without force or Constraynte Further this depon* is
Wittnes and was p*^sent both at Henfeilds Sale of them to M"^ Gerrard
and at the Seruants superscription both which was done in one day
further this depon* sayth not Geo : Colclough
Jurat coram me Sam. Smith
Francis Qap shall be deposed the same with this depon* when I
shall be thereunto lawfully called as Wittnes my hand
Francis Clap.
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478
Provincial Court Proceedings, 1661.
Libcr The 11*** Sep* 1661 James Salstceme aged thirty one yeares or
P.CR. thereabouts being swome and examined S^yth That the 28^ of
October 1654 M"" Thomas Gerrard and CoUonell Speake bought
betweene them of Captaine Robert Henfeild Eight Irish boyes the
foure of them that Coll Speake had were soe little that M" Speake
sayd to this depon* why had not yo"" Master brought some Cradles
to haue Rocked them in The next morning this depon* was sent by
his Master Coll Speake aboard Captaine Henfeilds Ship and M"
Speake sent bread and Cheese by him to giue the otiier foure
that belong [ed to] M*^ Gerrard and wished him to .... tell
p. 493 M" .... That whereas Ricckett Mecane hath by peticon Com-
pla3med that he was forced to sett his hand to an Indenture It is
falce for he was then p^sent and saw the Contrary And further
this depon* Sayth not James Salsteme
Juratur coram John Washington W™ Peirce
The ph desires as in his peticon aforesaid, they putt themselues
to the tryall of a Jury Whereupon was Impannelld a Jury as foUow-
eth to Judge of his Age, And the Courte to determine how long the
.... to seme.
John Hammond Foreman
Major Thomas Brooke
William Barton
Patrick Forrest
Thomas Bennett
John Lewger
Bamaby Jackson
John Elzey
William Hatton
John Wheeler
William Heard
Robert Hooper
gent
Whoe being swome withdrew to Consider of the matter then in
hand. And the Jury Retoumed and brought in their Verdict that
the said Richard Maccane is (nineteene yeares ould) The Judgement
of the board is that the said Richard Maccane shall seme whilst he
comes to the age of twenty and One yeares.
Re Dormer M"^ Thomas Gerrard desired the Courte to determine the age of
Dearmid Dormer his Seru* alsoe. And the Co'* Judged him to be
fifteene yeares ould.
Then was called the Petty Jury for the tryall of Anne Nevell
William Hatton ^
John Wheeler
William Heard
Robert Hooper
John Bouge
Marks Phe)rpo
Attorney
General v.
Nevell John Hammond
William Barton
Patrick Forrest
John Lewger
Bamaby Jackson
John Elzey
Gent
p. 494
Indictment of Anne Nevell .... Proprietary that .... Mayd-
Servant of hers named Margarett Redfeame did felloniously kill
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Provincial Court Proceedings, 1661. 479
by giving her certaine Stroakes or Blowes vpon her body against the Liber
peace of his said Lop. his Rule and Gouemm* Being asked whether ^- ^- ^
she was Guylty or not Guilty she pleaded not Guylty and putt her
selfe vpon the tryall of God and her Country
Then were swome of the Jury John Hammond Foreman together
with the rest, who tarryed to heare the Examinacons before they
withdrew.
Then was Examined Michaell Farmer on the behalfe of the Lord
Proprietary Sayth That he did see Anne Nevell strike Margarett
Redfeame with her hand and her Shoe and comanded her to goe in
and strip her selfe naked and went together a Rodd at the Peach trees
and afterwards the said Margarett went in a doores and her M'*
followed her and Shutt to the doore and he further sweares that he
heard the Stroakes and heard her Crye and at the same tyme the
said Margarett had a f eauor and Ague every other day And further
sayth that at the tyme that her M" commanded her to goe into the
howse she sayd she would be revenged on her.
Thomas Cobham Examined, on the behalfe of the Lord Prop*^
testifyes noething at all of his owne knowledge but that he heard
Margarett Redfeame say that she did lay her death to Anne Nevell
her Dame.
Susan Barbary Examined on the behalfe of the Lord Proprietary
Sayth That her husband bringing over Margarett Redfeame which
he bought of John Nevell and goeing to wash her body and shift
her being sick the said Margarett Complayned of her left side which
was black from her throate to her breast and soe cross her back and
this depon* askt her how she came by that hurte and she answered
that she Gott it by her dame Nevells throweing her over a Logg and
that her dame Nevell councelld her to drownd herselfe telling her
she should not Hue two moneths if two moneths not two moneths
and a halfe which Enmity of her dames riss from her discouery of a
noate sent from one John Hatton to her Dame but what was in that
noate this depon* never heard off And further sweareth that she did
lay her death to her dame if she dyed that she did desire to be carryed
ouer to M*^ Stanleys carryed over and there did lay her death
depon* did shew her before ....
Andrew Hinderson examined on the behalfe of the Lord Proprie- p. 495
tary Sayth That he was there at the carrying over of Margarett Red-
feame to M"" Stanley that he heard her Complayne of her throate
and that he sawe she was black aboute the throate which Margarett
Redfeame Sayd herM'* pincht her and that she did lay her death to
her M" at M*^ Stanleys, The Stripes that he saw vpon her thigh he
did belieue was a fortnight before which was with a small twigg
Wee whose names are here vnder written being Impannelled vpon
a Jury to view and make dilligent search aboute the dead Corps of
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480 Provincial Court Proceedings, 1661.
liber Margarett Redfeame deceased servant to John Nevell supposed to
P. C R. ii^xie reed Some cause .... of her death from her Mistres Anne
Nevell . that the said Margarett Redfeame hath received wrong
by blowes and Pinches as appeareth by and in three seuerall places
as on her left breaste and back and on her throate Giuen vnd' our
hands this three and twentyth of August 1661
Nicholas Crauley his marke, O. Samuell Gosie his marke, X.
Francis Carpenter George Alderson S his mke, Robert Coburtknapt
Richard Morssam Thomas Pagett his marke P. John Greene his
marke t John Bigger his marke t John Titmas his marke O. Richard
Wordsworth O his marke James Godsgrece his marke S G.
Whereas Thomas Pagett hath complayned of John Nevell and
his wife Anne Nevell for the misusage of a mayd Servant of theirs
which the said Nevell and his wife haue unreasonably beaten abused,
and keepe the said Seruant Soe that she cannot come to make her
Aggreiuance knowne. Theis are therefore in the name of the Lord
Proprief to will and require yo" Anne Poop and Anne Biger to goe
to the howse of the said John Nevell and there to view the body of
the mayd Seruant vpon sight hereof whether yo** can perceive the
said John Nevell and his wife hath giue their Mayd Servant any
vnlawf ull blowes whereof yo" are not to fayle as yo" will answere the
Contrary Giuen vnder my hand this 30*^ day of July 1661
Hugh Stanley
The Confession of Margarett Redfeame
Vpon the twentyth day of August last past or thereabouts Mar-
garett Redfeame Seruant formerly to John Nevell declared vpon her
death bed that the bad vsage of her dame Anne Nevell was the
Cause of her death through the Blowes and Punchis which she the
said Anne Nevell gaue her in case she dyed, this she declared to the
very .... this Confession was made before us
Hugh Stanley Tobias Norton
p. 496 The Examinacons of the Wittnesses being tooke and read the
Jury withdrew and went to trye the Cause
And the Jury brought in their Verdict (not Guylty) And Proc-
lamacon being made that the Prisoner at the Barr stood vpon her
Justificacon and none appeareing was cleared by Proclamacon
Gcrrard v. To the hono"* the Gouemor and Councell of Maryland
G)lc
vide I J. H. The humble peticon of Thomas Gerrard Esq' Sheweth That at a
p. ^ Courte Leete and Courte Barron held for the manno' of S* Qements
in Maryland held the twenty seauenth of October 1659 Robert Cole
was fined for markeing one of the Lords of the Manno'* hoggs two
thousand pounds of tobacco and afeered to one thousand pounds
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Provincial Court Proceedings, 1661. 481
of tobacco Yo"" peticon"" hath applyed himselfe to this honorable LJbcr
Board and humbly desires the said Q)le should give such sattisfaccon P- C. R.
for his vnlawfull marking and killing such hogg as the Lawe of the
Province prouides in such case And yo"" pet' shall pray &c.
After two houres Respitt according to the last order the def* ap-
peared, and desired, to knowe whether the pit sues as lord of Manno""
or as Informer, the ph answered as Lord of a Manno"". Then was
read the peticon of Thomas Gerrard all which the def* denyed And
after much debate the pit produced a Lease in which Lease It was
found that the def* had liberty to kill the said Hogg deliuering the
one halfe to M' Gerrard, It is therefore ordered that the def* pay
vnto the pit halfe a hogg with Costs of Suite being Sherriffes and
Clerks fees And M"" Barton is required to valine a hogg and the one
halfe thereof is to be deliuered to the ph.
The def* desires a Refference till the next Provincial! Courte which Robert
was Granted ^"«"'^'r«„e
.... et vx
Ellinor
Martine v.
The pit demands a Heifer with her Increase for two yeares of the Patience
def* Thomas Trueman gent swome in open Courte Sayth That the thonwS^
Heifer now in Question Betweene the pit and def* was sould this Burdettv.
deponent and was promist to be brought to his Plantacon by the said Stenley
Burdett before this depon* went for England and was deteyned by p. 497
Hugh Stanley when this depon* demand itt of him when he retoumed
into this Coimtry againe and the said Stanley denyed her and further
sayth not
William Graues swome in open Courte Sayth That he helpt
marke a Heifer and that M"^ Stanley forbid his Servants to tell Capt.
Trueman that he had any Cattle there, It is therefore ordered that the Executio
def* deliuer unto the pit a heifer with such Allowance of Increase as ^^^
he the pit payd, vnto Thomas Trueman in the like kind with costs
and damages
To the honorable Philip Caluert Esq' Gouemo' &c Neale v.
Pope's
The humble peticon of James Neile Sheweth That yo"" peticon*" in Estate
the yeare 1644 departing this Province did then leaue M"" Nathaniell
Pope planter (yo"" peticon" Attorney) certaine Neate Cattle and
Servants and fowling Peeces in trust for yo"" peticon" use And yo'
peticon"" not returning into this Province since that tyme vntill this
p*sent yeare and findeing his said Attorney dead without any sattis-
faccon or Accompt for the said Cattle Seruants and Guns as afore-
said
He humbly craueth order of this Courte to examine such witt-
nesses as are now liueing to testifye concerning the deliuery of the
31
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482 Provincial Court Proceedings, 1661.
Liber said Cattie Servants and Guns, And that authentick testimony may
P. C R. jj^ given him from this Courte of Justice before whome such witt-
nesses are examined or any of them whereby he may be Enabled to
sue for his right either in the Courts of Virg* or else where that he
findeth .... the said Pope his Attorney deceased And he shall pray
&c.
p. 498 Vpon the peticon aforesaid It is ordered that a Com^ issue to
examine Wittnesses
H^^^ett ^^ ^^^ honorable the Gouemor and Councell of the Province of
Maryland
The humble pet of Zachary Wade Humbly Sheweth That Where-
as yo'^ peticon"^ was ordered at a Courte held in Charles County the
second of July last past to deliuer ynto Humphry Haggett a bill of
the said Haggetts due vnto Captaine Richard Banckys And the
said order granted vpon noe other proofe then a false Suggestion of
the said Haggett Wherefore It is the humble desire of yo"" peticon""
that yo"" hon'* will be pleased to grant yo*^ peticon*^ leaue to assigne
the false Suggestion of the said Haggatt as a cause of the Error in
the Judgem* of the Courte And grant vnto yo' pef an order to arrest
the said Judgem* and bring the busines to a Reheareing before yo*"
honors And yo*" pef shall pray
Vpon the peticon abouesaid It is ordered that a Scire facias issue
for Humphry Haggett to appeare at the next Provinciall Courte to
shew cause why the Cause shall not be Reheard againe Ordered that
the Sherriffe take into his custody Tho : Manning
The Courte adjourned by the Governor till Fry day Morning at
nine of the Clock
Attoniey Fryday the 1 1**» of October Present as yesterday
^"rl^^ox Whereas Thomas Bradnox of the He of Kent County hath been
accused as alsoe his wife for the death of a Seruant of which as yett
he hath not been legally accquitted nor can be legally brought to
tryall, Theis are therefore to will and require Anthony GriflFyn
Sherriffe and Coroner of the said County to cause Enquiry to be
made concerning the death of the said Servant and cause the whole
matter to be certefyed to the Courte of the said County and from
thence to this next Provinciall Courte to be houlden the five and
twentyth of November whereof the said Courte is not to fayle And
for as much as Sarah Taylor hath been accused of Conspiracy against
her said Master these are further in the name of the Right hono*^
the Lord Proprietary that yo" take sufficient Security for her appear-
ance at the said Courte there to answere her said Master as well
vpon the said accon of Conspiracy as for the Remaynder of ... .
Giuen vnder ....
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Provincial Court Proceedings, 1661. 483
To the honorable the Gouemor and Councell Liber
P C R
The humble peticon of Henry Ellery Sheweth That yo*^ peticon*^ n'499
being Administrato'' to the Estate of M' Will"* Stephenson deceased |^ ^
and haueing payd all the debts which were due out of the said Estate, son^ Estate
Sett vp a noate at the County Courte Doore that whoesoeuer could
clayme anything out of the said Estate should repayre unto him to
demand the same as by a Certifficatt vnder the Qarks hand appeareth
Yo*" pet' humbly craues that .a Quietus est may be granted to
him. And he s[hall pray] &c
I Walter Hall can Justifye that Henry Ellery hath sett vp a noate
at the Courte doore at New Towne two Courts last past To give
notice that if any person hath any iust debt ag* the Estate of William
Stephenson to bring in by this Provinciall Courte as Wittnes my hand
Walter Hall.
Vpon the peticon abouesaid It is ordered that Henry Ellery sett vp
a noate at this Courte doore alsoe and if noe body appeare that he
haue a Quietus est granted him
To the honorable the Gouernor and Councell of the Prouince of Rc
Maryland Hammond
The humble peticon of John Hammond Sheweth That yo'^ peti-
con*^ brought a considerable Estate into this Country and had severall
Ingagem** from many of the Inhabitants due to him, but was by com-
mand of the then Governor and power acting for the Lord Propri-
etary imployed in such services as by the dangerousnes of those
tymes caused his flight and remoueall leaueing behind him a greate
charge and Confused his Estate both which suffred irrepairably
Yo*^ pet" wife in hopes of regayning some what towards mayn-
tenance of her oppressed family what with want of experience in
tryalls oppressions and Combinacons of her aduersaries appearing in
Courts seuerall orders haue passed against her to the great Injury
of yo*^ peticon" Estate whoe hath been cutt of from her Just dues
imprisoned and other wayes dampnifyed Insoemuch that she was
not onely brought to extreame want, but yo"" pef wrapt up in strange
and vnjust Engagem^ whoe left both a visible Estate Severall good
debts behinde him and was not ingaged matterially .... since by
misinformacon haue obteyned .... peticon"" was enforced to flye
.... giue such direccons nor could imploy any capable to in forme p. 500
a Right in such tryalls as haue in his absence happned
He humbly craueth that by order of this bono"* Courte that he ,
may haue Reheareings of what hath passed in the seuerall Courts of
this Province and that Execucon may be in those cases suspended
And he shall pray &c.
Vpon the peticon abouesaid It is ordered that what Judgements
hath not been already executed against him he shall haue a Scire
facias
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484 Provincial Court Proceedings, 1661.
Libcr To the honorable the Gouemor and Councell
P C R.
Re The humble peticon of Peter Joy Sheweth Whereas yo"^ peticon*^
^^"^^ute ^ Feoffee to the Estate of Daniell Gouldson of Patuxent late de-
ceased, hath been intrusted to the said Estate by the will of the said
Goulson Humbly sues to this honorable Board and requesteth that
the said will and testament may be proued according to Lawe as well
the direct as the interlined lines and yo"" pef as in duty bound shall
pray &c.
Vpon the said peticon It is ordered that the last will and testament
of Daniell Gouldson be proued in forme of Lawe.
Lord Whether Thomas Gerrard hath broke his Recognizance or not
Thomas Richard Forster aged forty yeares or thereabouts swome and Ex-
Gerard amined this tenth day of August 1661 Sayth That aboute the Eight
Arch. Ass. and twentyth day of July last M"^ Thomas Gerrard sent for this
j^ 389 depon* and accordingly this depon* came and the said .... that the
zante had made .... on the Breech and He bare yo" out of it sayd the sayd
7oU^477 Gerrard and further sayth not
p. 501 Jurat coram me Philip Calvert The mke W of Richard Forster
Ralpe Haywood swome and Examined Sayth That he heard the
said Gerrard say these words vizt Giue him a Kick on the breech and
He bare yo" out but to whome this depon* knoweth not And further
sayth not
The Judgem* of the Board
M*" Bateman is of opinion that it is not broken
M"" LLoyd the same
M"" Brooke the same
The Secretary the same
M' Qarke tis broken
The Gouemo*" tis broken
To the hono**^* the Gouemor and Councell
Kingsbury The humble peticon of Robert Kingsbury Sheweth Whereas yo*^
V. Gwythcr p^^r brought a parcell of goods vnto the howse of Captaine Nicholas
Guyther and deposited them in his hands to be sould for the vse of
yo"" said peticon^ And yo"" pet"^ came to the said howse of Captaine
Guyther thinking to haue received either his Goods in kind or else
tobacco for them and findeing a parcell of them disposed and can
haue noe Accompt of them
Therefore yo"" pet"^ desires this bono"* Co'* that he may haue an
order granted against the estate of Cap* Guyther And yo*^ pef shall
pray &c
Vpon the peticon abouesaid it is referred whilst next Co'* And that
Augustine Herman is then to appeare
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Provincial Court Proceedings, 1661. 485
To the hono"* the Gouemor and Councell Liber
P C R.
The htimble peticon of John Babtist Sheweth That whereas yo"" pet' Babtist v.
aboute fiue yeares last past did passe a bill of Eighteene hundred Co^^o"^^
pounds of tobacco and Caske to Symon Oversee yo"" peticon"" not
tuiderstanding .... did, and being then a Seruant to the said
Symon .... humbly craues that he may haue his ... . for seauen
moneths f alee .... come & cloaths
Vpon the said peticon It is ordered that an Attaichm* be granted p. 502
on the Estate of Major Colclough whoe marryed the relict of Symon
Overzee at the Suite of John Babtist ret next Co'*
To the bono**** the Gouernor and Councell Greene v.
Robinson
The humble peticon of Elizabeth Greene on the behalfe of the
Orphants of Henry Potter deed That whereas Fobby Robinson
obteyned an order and an Execucon against the body or estate of yo'
peticon' The said Fobby illegally went to a neighboiu"s howse where
a Seruant of the said Orphants was at worke, and unjustly tooke
the Orphants Seru* away and carryed him without any order or
legall proceeding therein vnto Cap* Guythers howse and there layd
execucon vpon and appraysed the said man Seru* at an vnder uallue
neither were the appraysors swome according to lawe in such cases
prouided y' pet' haueing before any Suite commenced proffered any
Sattisfaccon to the said Fobby either in good vendible goods being
Linnen woollen Shoes, Stockins a peece of silke, Feather bedd
or Cattle or tobacco this yeare with Interest all which he utterly
refused, yo' pet' likewise after the appraysem* of the said man
Seruant, being appraysed at sixteene hundred pounds of tobacco yo'
pet' proffered him two thousand rather then the Orphants Seru*
should be taken away all which proposicons he refused
The p^misses considered yo' pet' humbly craueth yo' Wo^^* to
take it into yo' Consideracon what illegall and unjust proceedings the
said Fobby hath acted ag* yo' pet' and the Orphants And that the
Orphants may be repossessed of the aforesaid man Seru* Soe un-
justly taken away with legall reparacon for the wrongs offered ag*
the Estate of the said Fobby Robinson And yo' pet' shall pray
Ordered that an Attaichm* be granted on the estate of Fobby
Robinson to answere unto W" Greene and his wife in an accon of
the case of fiue thousand pounds of tobacco
Vpon the peticon of Clement Herbert touching his Releasem* out Re Harbert
of Prison It is ordered that the said Qement Herbert be sett at
liberty.
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486 Provincial Court Proceedings, 1661.
Liber At an Orphants Co'^ held the sixth of August Annoq 1661
Re Bdcher Present
P-503 Thomas Sprigge Thomas Manning Tho. Brooke Hugh
Stanley Charles Brooke Thomas Leitchworth John Elzey
William Turner
Whereas M*^ John Bateman in open Courte hath off red of his free
mocon to keepe the orphant of tiie said Thomas Belcher till she
cometh to the age of Eighteene yeares or is marryed Cleare of all
charges as ^ Child ought to be kept that is to say Att Schoole with
decent Qoathes and other Educacon befitting a Child of her Quallity
Prouided the said M'" Bateman may haue to himselfe of the cleared
Ground without impeachm* of waste of the Seate of land formerly
belonging to Thomas Belcher of Patuxent till the ... . Vpon which
said offer the Courte hath ordered M"" John Bateman to haue the vse
of the said cleare plantacon without impeachm* of waste for and in
Consideracon aforesaid till the expiracon of the tyme aforesaid.
true Coppy by me James Thompson Qk
The aboue written order of Courte is confirmed by the Gouemo"^
and Cotmcell according to the request of John Bateman Esq'^ this
Eleauenth of October 1661 Henry Coursey Seer.
Re Lloyd Whereas Edward IXoyd maketh it appeare to this Co^ -p draughts
and the plotts of land Surueyed for him in Wye Riuer that his long
lines running South Easte, he alsoe haueing ptu-chased two Pattents
next adjoyning vpon him The long lines of which Pattents running
Elaste p which occasion he wants much of his due proporcon of land
vpon his mocon and the Consideracon thereof the Courte hath
thought fitt and ordered that the long lines of the land purchased of
William Granger shall run South Easte prouided it p^judice noe
Suruey made before these p^sents.
Date of Courte dissolued by the Gouemor
sSk^ ^^^ appoynted the next Provinciall Co'* to be held at S* Marys
the 25*** of November next.
Octobr i2ti» Thomas Gerrard demands a writt to arrest George Thompson in
p. 504 an accon of debt to the valine of 5350*** tobacco
Thompson Warr* mde to the Sherriffe of S* Marys County to arrest ret i"*
day of the next Courte
Wood V. Edward Wood demands a writt to arrest Phillip Harwood in an
Harwood - r .t
accon of the case
Warr* mde to the Sherriffe of Calvert County to arrest &c ret ut
Supra.
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Provincial Court Proceedings, 1661. 487
John Hammond demands a writt to arrest James Veich in an Libcr
acconofthecase Hammond
Warr* mde to the Sherriffe of Calvert County to arrest &c ret ut v. Veitch
Supra
James Thompson demands a writt to arrest Luke Gardner in an Octob^ 14th
acconofthecase y'^SZ
Warr* mde to the Sherriffe of S* Marys County to arrest ret ut
supra
Valentine Peyton by his Attorney W" Price demands a writt to Pcvton v.
arrest William Robinson in an accon of the case Robmson
Warr* mde to the Sherriffe of Charles County to arrest, ret ut
supra
James Neale dem*** a Scire facias ag* James Lindsey Ncalc v.
writt mde to the Sherriffe of S^ Marys County &c. Lindsey
John Hammond dem*** a writt to arrest Anne Tilney Ex* to Rich- Octob^ 15th
ard Hoskeys in an accon of the case Hammond
Warr* mde to the Sherriffe of S* Marys County to arrest ret ut Execx.
supra
Daniell Johnson, dem^ a writt to arrest Thomas Turner in an jphnson v.
accon of debt to the valine of forty pounds Ster. Turner
Warr* mde to the Sherriffe of S* Marys County to arrest ret ut
supra
This day came Walter Waterline in the County of S* Marys and October
desired this following deed to be recorded vizt This Indenture made i6th
the Eight day of June in the yeare of our lord 1654 Betweene •Watcrlinc
Thomas Comewallis of the Cross in the Province of Maryland Esq""
of the one parte [and] Walter Waterline of the ... . Wittnesseth
.... and Caske to be payd vnto the said Thomas Comewallis his p. 504
heires or Assigns at or before the twentyth of November next
ensueing the date hereof Hath bargained sould Assigned and sett
over, And by theis p^sents doth bargaine sell assigne and sett ouer
unto the said Walter Waterline his heires Executo" Administrators
and Assigns for euer All that Neck of land being a parte of the long
Neck within the Manno'' of Comewallis Crosse, lying Betweene a
Neck of land called Negroes neast And another neck of land called
the Bottome of the long Neck bounded by marked trees vpon the
Branches of each neck with an out lett into the woods northerly To
haue and to hould the said parcell of land to the said Walter Walter-
line his heires and assigns for ever Yeilding and paying yearely vnto
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488 Provincial Court Proceedings, 1661.
Liber the said Thomas Comewallis his heires or Assigns at the Feaste of
P. C R. ijjg nativity of our Sauiour one Barrell of Good Indian Corrie con-
tayning fiue Bushells And three good fatt hens or Capons at the
Manno"" howse called the Crosse And if the said yearely rent shall
happen to be behinde or unpayd in parte or in all atx>ue twenty dayes
after the said Feaste of the nativity that then it shall and may be
lawf nil to and for the said Thomas Comewallis his heires or assigns
to distrayne upon any goods Chattle or Cattle found or being upon
the said land or againe to Reenter and possesse him or themselues
of the said Neck of land if the same neuer had been sould with all
howses buildings Edifices and inclosures thereupon Erected or
Builte Any thing contayned in these Indentures to the contrary not-
withstanding In Wittness whereof the ptyes within specifyed haue
interchangeably Sett their hands and Scales the day and yeare aboue
written Tho : Comewallis
Sealed and deliuered in the p^sence of The mke of HH John
NichoUs Rob* Guest
Bateman v. John Bateman demands a writt to arrest William Lawrence in an
accon of debt to the valine of 1900^ tob.
Warr* mde to the Sherriffe of S* Marys County to arrest &c
— V. — • • • • demands a writt to arrest Thomas .... the case
.... of S* Marys County to arrest
p. 505 Elizabeth Greene dem*^ a warr* to arrest Fobby Roberts in an
^ R^crts ^ccon of the case to the valine of sooc^ tobacco on the behalfe of the
Orphants of Henry Potter
Warr* mde to the Sherriffe of S* Marys County to arrest &c ret
next Pro»" Co'*
Vnder which warr* was writt, But in case yo" cannot finde the
person of the said Fobby Roberts within this Province
Attaichm* issued alsoe to the Sherriffe of S* Marys County to
Attache any of the goods Chatties or debts belonging vnto the said
Fobby Roberts to the valine abouesaid in case the said Fobby be not
found within this Province
tobcr Caecilius &c To the Sherriffe of S* Marys County Greeting wee
ne^^ command yo" that by the oathes of twelue good and lawfull men of
cypo yo' County yo"* cause to be extended and appraysed the Manno' of
Westbury Which William Stone Esq*" at our Provinciall Co** held
Md. the 4*^ day of March 1653 ^^ S* Marys recouered against Marke
2^^] Pheypo the Attomey of John Hansford Administrator of Thomas
Weston deceased in sattisfaccon of a debt of twenty one thousand
six hund*^ pounds of tobacco and Caske, And the Extent and ap-
praysem* which yo" shall thereon make cause to be signifyed at our
Provinciall Co'* to be houlden at S* Marys 25^ November next,
under thy Seale and the Scales of them by whose oathes the said
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Provincial Court Proceedings, 1661. 489
Inquisicon thou shalt make an haue thou there this writt Giuen at S* Liber
Marys this 24*^ of October 1661 Wittness our deare Brother Philip ^- ^- ^
Calvert Esq' our Leiutennant of our said Province of Maryland
This day came Thomas Mathews and desired the following Bill Octob^ 28th
of Sale to be recorded (vizt) ^« Mathews
This Indenture made the sixth day of Aprill in the yeare of our
Lord God 1661 Betweene Nicholas Guyther high Sherriffe of the
County of S* Marys in the Province of Maryland Gent of the one
party and Thomas Mathews of S* Marys in the same County and
Province aforesaid Gent, of the other party Wittnesseth That
whereas the said Nicholas Gwyther for and in Consideracon five
thousand pounds .... said Thomas Mathews whereof and where- p. 506
with the said Nicholas Guyther doth accknowledge himselfe to be
fully sattisfyed and Contented and payd thereof and of every parte
and parcell thereof doth clearely accquitt and discharge the said
Thomas Mathews his heires Executors and Administrators and
Assigns by theis p*sents hath demised Granted Alyened bargained
sould and Confirmed and by theis p^sents doth demise Grant alyen
bargaine sell and Confirme to him the said Thomas Mathews his
heires Executors Administrators and Assigns for ever all that parcell
of land .... is now sittuated on the South side of S* Ellens Crejeke
and goeing by the name of Mathews hope and beginning at a Marked
Pine standing on the Bay side and Running North west for bredth
up the Baye the full and Compleate length of two hundred perches
and Bounding on the North with a line drawne South west and by
West into the woods the length of five hundred Perches on the west
with a line drawne South Easte and by Easte from the End of the
former line untill it Intersect a Paralell line drawne from the marked
Pine at the Bay side on the South with the said Parelell on the Easte
with the said Baye Contayning f oure hundred acres more or less
To haue and to hould All that parcell of land Conta3ming compleately
foiu^e hundred acres of land according to the vsuall Survey of the
Country Granted at that tyme in the yeare 1652 together with all
and singuler the benefitts proffits Commodityes Fishing Fowleings
Huntings and EmoUuments whatsoeuer in as full and ample manner
as any parcell of land is usually taken vp from under his Lop the
Proprieto' of this Province and further he the said Nicholas Gwyther
doth Coven* promise and Grant for himselfe his heires Executo"
and Administrator^* firmely by theis p^sents to and with the said
Thomas Mathews his heires Executo" Administrato" and Assigns
to ... . and make good all and singuler the p*misses .... Sale and
to defend saue and .... of person or persons whatsoeuer that shall
by any lawfull or just T)rtle deuice or deuices in the lawe to Cla)mie p. 507
molest or disturbe him the said Thomas Mathews or his heires or
Assigns from the free Exercise and use thereof according to the
true Intent and meaneing of this Indenture for ever, Yeilding and
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490 Provincial Court Proceedings, 1661.
Liber paying yearely at the nativity of our Lord or within twenty dayes
P. C. R. after a Rent of one bushell of Indean Come for euery hundred
acres (that is to say) foure Bushells of Indean Come for the foure
hundred acres to be due and truly payd yearely vnto the said Nicholas
Guyther his heires or Assigns for ever And further he the said
Gwyther doth declare that whereas he is lawfully possd of this
Estate that did formerly belong unto One William Hawly gent,
deceased as by a lawfull order of the Provmciall Co** of this Prov-
ince beareing date the 24*^ of March 1652 may and doth more at
large appeare haue sould this parcell of land to provide a sufficiency
where with all to make pa)mient of what Rerige rents are behind that
the whole may not fall nor be forfeited for the non Payment of the
rent to the Lord Proprieto'' and therefore he the said Nicholas
Gwyther doth binde himself e and his heires vnto the said Thomas
Mathews and his heires and Assigns to make the said Sale good
against all just Claymes in the lawe whatsoeuer In Wittness whereof
the partyes aboue menconed haue Interchangeably sett their hands
and Scales the day and yeare aboue written Nicholas Gwyther
Signed Sealed and deliuered in the p*sence of us sitting in the
lower howse of Assembly William Euans Luke Gardner W™ Bret-
ton Cik:
The abouesaid Bill of Sale was accknowledged by Nicholas Gwj^h-
er in open Co'*
». 508 Cap* Josias Fendall dem*** a writt to arrest Thomas Taylor in an
aylor ^^^^" ^^ detinue
Warr* mde to the Sherriffe of Calvert County to arrest ret, next
Co'*
allv. Idem demands Subpa to Sumons Robert Holte John NichoUs
*""K the Case
Warr* mde to the Sherriffe of Calvert County to arrest &c ret
ut supra.
13th John Abbington Attorney to M" Anne Tilney demands Sumons
^^^J for Bridgett the wife of Robert Shell Thomas Turner and Walter
ilney Pake to teste f ye in causa John Hammond pit and [Mrs.] Tilney
def* Subpa mde to the Sherriffe of S* Marys County ret i"* day of
the next Co'*
Idem demands a writt to arrest Samson Waring in an accon of
Mary Warner William Cole Humphry Howell and William Lucas
to testefye &c. Subpa mde to the Sherriffe of S* Marys County ret
ut supra
i4**» Caecilius &c To the Sherriffe of S* Marys County &c Comand
™lUn Richard Willan and Elizabeth his wife that justly &c. they hould
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Provincial Court Proceedings, 1661. 491
Covenante to Nicholas Holmes and John Marke of fiue hundred Liber
acres of land lying in Wye Riuer called Thirmby Grange &c ^- ^* ^
And the finall Concord is that the said Richard Willan and Eliza*
beth his wife haue accknowledged that the said fiue hund*^ acres in
Wye Riuer aforesaid with the Appurtenances are the Rights of
Nicholas Holmes and John Marke as that w^ the said Nicholas
Holmes and John Marke hath of the guifte of the said Richard Wil-
lan and Elizabeth his wife And the s** Richard Willan and Elizabeth
his wife haue remised and quitt Claymed from them the said
Richard and Elizabeth and the heires of the said Richard the said
fiue hundred acres to the said Nicholas Holmes and John Marke
and their heires foreuer And further the said Richard and Elizabeth
haue Granted for themselues and the heires of the said Richard
that they will warrant the said land to the said Nicholas Holmes
and John Marke and their heires against them the said Richard
and Elizabeth and the heires of the said Richard for ever, And
for this Recognizon Remission Quitt Clayme Warrant Fine and
Concord the said Nicholas Holmes and John Marke hath giuen to
the said Richard and .... the Sume of fiue thousand pounds of
John Babtist demands Subpa to sumons Daniel Gourden and % sop
Archball Wayhope to testefye in a cause Betweene the said Babtist Colclough
pit and Major George Colclough who marryed the Relict of Symon
Overzee def^
Subpa mde to the Sherriffe of Charles County &c
Samuell Brocckett demands a writt to arrest Sarah Marsh in an Brockctt t.
accon of the case ^*"^
Warr* mde to the Sherriffe of Ann Arrundell County to arrest
&c ret ut Supra
John Abbington Attorney to M" Anne Tilney demands Sumons Hammond
for John Shertcliffe to testefye in causa John Hammond pit and ^* Tilncy
Anne Tilney def^
Sumons mde to the Sherr. of S* Marys County &c.
dennis Ascolar demands a writt to arrest Cap* Josias Fendall in 20*^
an accon of the case ^667"'^'^
Warr* mde to the Sherriffe of S* Marys County to arrest &c ret. Ascolar v.
ut supra. ^^^^"
Idem dem*** a Subpa to sumons Walter Beane to testefye &c
Subpa mde to the Sherriffe of Charles County &c.
Robert Hooper demands Subpa to sumons Nicholas Rawlins and Hooper v.
John Bisco, to testefye in a cause betweene the said Hooper and W"* Greene
Greene.
Subpa mde to the Sherriffe of S* Marys County &c.
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492 Provincial Court Proceedings, 1661.
Libcr This day came Sjrmon Carpenter and desired this following As-
Novimbfr' signment to be recorded (vizt)
^ Be it knowne vnto all men by theis p*sents that I George Hack
Carpenter Phisitian for me my heires Executors Administ" haue bargained
and sould as I by theis p^sents doe bargaine and sell vnto Abraham
Morgan his heires and Assigns one Tract of land conta3ming foure
hundred acres called Anne Cattrins Weeke lying and .... Maryland
in other side vpon the Baye and Easte riuer as the Pattent more
and at large doth specifye To haue and to hould the aboue men-
coned tract of land for him his heires and Assigns for euer And doe
alsoe by theis promise to deliuer unto the said Abraham Morgan the
Pattent of this specif yed land at the tyme as the said Abraham
Morgan has made full sattisfaccon of this specifyed land unto the
aboue menconed Hack or his Assigns To the true performance of the
same [we] haue this Subscribeth with our owne hand and Seale this
Eighteenth day of Septemb' 1660 [George] Hack
Testis John Elzey Seuerin Hack
Vpon which Assignm^ was endorsed on the back side of it this
following Assignm* vizt
I Abraham Morgan doe by vertue of the within menconed to me
hereby Assigne all my right tytle and Interest to the within plantacon
to M*" Symon Carpender and on performance of his condicon of this
date to me am hereby Engaged in the Sume and Quantity of tenn
thousand pounds of tobacco and Caske to make Good to him the
Sale of the said plantacon within this p^sent yeare and to secure him
from all further Claymes and demands of any pson or psons what-
soeuer as Wittnes my hand this 8*^ day of February 1660
The mke XO of Abraham Morgan
Wittness Fra. Wright John Elzey.
Nov. 25 At a Provinciall Co'* held at S* Marys on Monday the 25**" of
P-^' November 1661
Present Philip Calvert Esq"" Gouernor Baker Brooke and Robert
Clarke Esq" Councello".
Attorney John Jenkins and William Fuller being fine tymes called to answerc
^""'^ki^* vnto such thinges as shall be objected against them on the behalfe
et al. of the Lord Prop*" did not appeare.
[>mas The def* being twice called and not appeareing the cause was
^^^ respitted whilst to morrow morning
ipson The Co'* is ajoumed till nine of the Clock to morrow morning
peremptorily.
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Provincial Court Proceedings, 1661. 493
Charles Calvert: Governor Liber
P C R.
Tewsday the 26^ of November 1661'
Present Philip Calvert Esq' Robert Clarke Baker Brooke and Nov. 26
John Bateman Esq" Councellors
Then came the Right Honorable Charles Calvert Esq*" and tendred Charles
his Com^ for Leiuetennant Generall vnder the Right Hono^'« the ^Jj* ^ath
Lord Prop^ which being read the oathe was administred to him. as Governor
Then came Henry Sewall Esq*" and tendred his Com*^ and tooke Henrv
the oathe of a Councellor and Principall Secret^ of State ll^L ^^^
Chancellor
Whereas there was a Co'* called by the Hono^** Philip Calvert Esq*" Postpone-
the 25*** of this Instant, which Co^ is not as yett determined and Court^^
many causes to that Co'* and other the County Co'** are yett depend-
ing which if not determined may proue Jnjurious to the Inhabitants
of this Province These are therefore to publish and declare that I
doe continue that Co'* and all process to that or other County Courts
and all Com**"* to any Officers both Military and Civill Giuen vnder
my hand this 26^ of November 1661
To the Right hono"* the Gouernor and Councell of the Prouince of p. 602
-Kit 1 J Gerard v.
Maryland Thompson
The humble peticon of Thomas Gerrard Esq' Sheweth That M'
George Thompson stands indebted to Thomas Gerrard Esq' in the
Simie of fine thousand three hundred and fifty pounds of tobacco
which is due p bill
Yo' pet' humbly implores this bono"* Co'* that he may haue an
order granted by yo' Hono" against the said George Thompson for
the speedy payment of the said And he shall pray &c.
The def upon readeing the pits peticon Confesseth a Judgement
for the said fine thousand three hundred and fifty pounds of tobacco
The ph not being p'sent It is ordered that unless the pit doe Edward
appeare before the riseing of the Co'* this day A non Suite be granted p(.?j?^ ^•
to the def* . . . . ptt not appeared. Hardwood
The def* not appeareing the Cause is remitted whilst the Co'* rises John Ham-
and then if he doth not appeare It is ordered that Judgement shall ^^^^ ?f vh
pass in def aulte def* not appeared. deft *
To the honobte the Gouernor and Councell of Maryland Tames
[The humble petition] of James Thompson .... v. Luke
Whereas Anne Thompson the Sister of yo' petitioner by reason ^^^^
of the late troubles in England hath been bound by Indenture to
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494 Provincial Court Proceedings, 1661.
Liber M*^ John Floyd for the teamie of six yeares and to none other neither
P. C.R. heires nor Assignes as by her said Indent*^ may be uerefyed And
now the said Floyd (contrary to the true meaneing and Intent both
of the said Indenture And alsoe an Agreement passed betweene him
the said Floyd and yo"" peticon" father in England now inhabiting)
haueing soone after disposed of the said Anne Thompson vnto one
M"" Gardner resident in this Province, And now the said Floyd
aboute some halfe of a yeare after deceaseing vpon and by whose
decease the said Anne Thompson according to the tenor of her
said Indenture was discharged from her Obligacon, but now since
she hath serued a rough and bitter Seruitude for the space of three
yeares ouer and aboue her Tye And being demanded her f reedome
by her Brother yo*^ petitioner the said Gardner refused and denyed
the same These p'misses duely and seriously Considered Yo"" pef in
the behalfe of the said Anne Thompson humbly addresses himselfe
to this Hono^*' Board craueing and Submissiuely beseecheing yo*^
honors that now at least the said Gardner may be Compelled to
deliuer in the said Anne Thompsons Obligacon together with the
Custome of the Country and she haue her f reedome Granted to her
the same being soe long due And yo*" pef farther sues requests and
petitioneth for such sattisfaccon as this bono"* Board shall adjudge
requisite for the tyme of her Service Since yo*" pet" demand in her
behalfe which was vpon the 21*^ of July last past But howeuer yo*^
pef humbly Craues (in case this may not be granted) that the said
Anne Thompson may not be forced to serue six yeares but according
to the Custome of this Province which is foure yeares And yo^ pet*^
shall pray
That whereas the pft peti[ti]oned for one Anne Thompson that
is now liueing w*** the def* for her ....
p. 604 This Cause is referred to the County Co'* there to be determined.
wne V.
/illiam The pk sues for fiue thousand fiue hundred pounds of tobacco the
^Hara^ P^^^^ ^' ^'^ plantacon in Bretton's bay sould to Richard Hoskeys
ond V. deceased, The def* pleades that Richard Hoskeys had payd & Secured
'cutrix ^^^ sattisfaccon to Anne Hammond the wife and Attorney of the ph
vnto as by the Originall Bill of Sale and the Record of the same appeared
oskeys ^^^^ ^P^" sattisfaccon made the Bill for the Tobacco was deliuered
iccased to the said Hoskeys & is not now Extant And the pft being not able
to produce any Specialty under the said Hotchkeys hand and the
Originall bill of Sale accknowledgeing sattisfaccon made non Suite
is granted to the def* with Costs of Suite
These p''sents Wittnes that I Anne Tilney doe appoynt my f reind
Thomas Manning to be my Attorney to answere in my behalfe the
Suite of John Hammond this Co'* Wittnes my hand this 26*^
November 1661 Anne Tilney
Wittnes Tho : Trueman
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Provincial Court Proceedings, 1661. 495
Knowe all men by theis p'sents that I Richard Hassell Cittizen and Liber
Salter of London doe by theis p''sents make constitute and authorize Di^je?*
my loueing f reind Daniell Johnson of Maryland Planter in Charles Johnson v.
county .... Attorney for me and in my name and to ... . recouer Jhon^as
and receiue of and against .... parts beyond the Seas Widdowe and p. 60s
James Langworth of Maryland Planter in the parts beyond the Seas
he or his heires Executors and Administrator or her heires Exec-
utors and Administrators or any of them all and singuler Sume and
Sumes of money debts and other dutyes whatsoeuer to me from him
or her due oweing and belonging by Bill bond Specialty booke
accompt or otherwise howsoeu*^ Glueing and by theis p''sents Granting
vnto my said Attorney full power and law full authority in the
p'misses to sue attache Seize sequester arrest imprison and con-
dempne and forth of prison againe to deliuer Attorneys one or more
under him to appoynte and the same againe to reuoake and upon the
Receipts in this behalfe Acquittances or other lawfull discharges in
my n^me to make Seale and deliuer and generally to doe all other
thinges requisite in or aboute the p'misses as effectually as I my selfe
might or could doe being personally p''sent And I will Rattifye
confirme & allowe all and whatsoeuer my said Attorney shall law-
fully doe or cause to be done in or aboute the p'misses by force of
theis p^sents In Wittness whereof I haue hereunto sett my hand and
Seale the last day of July in the yeare of our Lord God 1661 And in
the thirt)rth yeare of the Raigne of our Soueraigne Lord King
Charles the second &c Richard Hassell
Sealed and deliuered in the p''sence of us Francis Killborne Hugh
Newman John Browne
The pit not stateing his busines legally the cause is respitted till
next Co'*
To the hono^** Gouemor and the rest of the Councell p. 606
The humble peticon of George Thompson Sheweth That whereas v. Gerwd
yo' pef^ bought certaine Rights of land of M"" Thomas Gerrard which
Rights hath not appeared to be the said Gerrards but one M' Marma-
duke Snowe & therefore yo*^ pef hath both been debarred of a
warrant to take up land and alsoe hath but little security for ... .
land already taken vp by yo"" peticon'' and for the want of the good
use of the said Rights yo*" pet' hath been much dampnifyed and
humbly craueth that at least .... pet' may be compelled to pay the
order of Co'* but according to yo' pef* former bargaine with M'
Gerrard
The p'misses being taken into yo*^ hono^** serious Consideracon yo'
pet' most humbly craueth Releife with, cost and charge of Suite and
yo' pet' as in duty bound shall ever pray &c.
The pit sueth as in peticon aboue written Ordered that the def*
shall make Good such Rights as he hath solde the pit and the def*
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496 Provincial Court Proceedings, 1661.
liber to pay soe much tobacco proporconably for the land he hath in his
^- ^ ^ posson
The Co** is ajoumed till nine of the Qock to morrow morning
Nov. 27 Wednesday the 27*** of November
Present Charles Caluert Esq'' Gouemor Philip Caluert Esq*^ deputy
Leiutenn^ and Chancellor Henry Sewall Esq*^ Secretary Robert
Qarke Baker Brooke and John Bateman Esq" Councell"
i«
William The Attachm* ag* the def* is to be in force and continue till next
^[FM>yi ^^^ ^^^ f^'^ ^^^ ^^^* ^^^ "^* appeare It ... . shall pass in ... .
Roberts
p. 607 the pit sueth for 3800* tobacco Assigned to him by Coll Utye the
^ttiiSl*^ Assigne of Richard Bennett Esq*" being tobacco due to the said Ben-
Samsoii nett by Acte of Assembly And the def^ Confessing that he did prom-
Waring jgg pa3mient of the said tobacco It is ordered that the def* pay the
said tobacco to the said Fendall.
Brockctt y. To the hono"* the Gouemor and Councell of Maryland
Mash '^
The humble peticon of Samuell Brocckett Sheweth That yo"" pet^
sued and impleaded M" Sarah Mash at a Co'* held at Saint Marys
the last of February for a parcell of land in Kent County for which
yo' pet' hath a Pattent the said M'* Mash then appeared by her
Attorney M' Richard Smith who claymed a Refference vpon p'tence
that he could proue the said land to be forfeited for rebellion Yo'
pet' humbly craueth that the said M'* Sarah Mash may make appeare
that the land is forfeited by such Rebellion or yo' pet' haue order
to be quietly possest of the said land and he shall pray &c
Ordered that this cause be Referred to the view of the Records
Robert The pit sues for certaine Goods deteyned as he alleageth by
^^chard ^ugustine Herman and being not able to make any thing appeare
Collett Non Suite is granted to the def*
p. 608
Dennis The pit sueth for his Freedome he comeing into the Country with-
jSias out an Indenture and haueing served the def * seauen yeares Where-
Fendall upon a Jury was impannelled to Judge of the pfte age And the Co'*
to determine how long he is to seme.
The Jury Impannelled for Ascolar are William Heard Archbald
Wayhope Daniell Johnson Humphrey Haggett, George Thompson,
Francis Wyne, Henry Peere Zachary Wade Thomas Allanson
George Macckall Walter William Kennedey
Then were swome of the Jury Humphry Haggett Foreman to-
gether with the rest aboue mencond
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p.6o9
Provincial Court Proceedings, 1661. 497
Verdict of the Jury Libcr
P. C. R.
The Jury findes that Ascolar is twenty yeares of age The Judge-
ment of the board is that he seme the def* one yeare longer and then
to be free.
At a Co'* held m Charles County 2^ July Anno 1661 M' ^
Humphry
Present M' Henry Adams! M' Thomas Stone Haffgctt ▼.
M' Francis Pope J M' Thomas Baker w^
The pH arresting the deP in an accon of the case preferreth his
peticon as f oUoweth
To the Worshipfull Com" of Charles County
The humble peticon of Humphry Haggett Sheweth That Whereas
yo' pef deliuered a Bill of one thousand pounds of tobacco last
September unto Zachary Wade and the said Wade promised at the
same tyme to deliuer .... an Indenture of one Robert James w^**
.... for a Runaway .... Banckes and the .... this Servant & hath
euer since broake his Articles
Yo' pef therefore humbly craueth this Worshipfull Bench to
Compell the said Wade to deliuer yo' petition' in his Bill with Costs
and Charge of Suite And yo' pet' shall pray &c
The def* alleadgeing imediately hereupon that the said Haggatt
had Couenanted with the said James as a Freeman for fifteene
moneths Seruice or thereabouts and withall desired that the said
Condicon should be produced and that the pit might be Compelled
to proue his peticon
The ptt hereupon produceth the Condicon which is as foUoweth
These p'sents Wittnesseth that I Robert James doe Couenant to
serue Humphry Haggett till the 25*^ of december in the yeare of our
Lord 1 66 1 in such Seruice and Employment as the said Haggett or
his Assigns shall employ him in during the said t)mie And in Con-
sideracon whereof I the said James haue gott the said Haggett to
Compound with Captaine Banckes for one thousand pounds of
tobacco a difference which was betwixt M' Richard Banckes for and
likewise I the said Haggett doe Engage to giue the said James two
Shirts one paire of Canvas drawers and a paire of shoes to these
Articles I the said James doe Engage to performe the Seruice above
specifyed as Wittnes my hand this fourth of September 1660
Wittness Thomas Wentworth Zachary Wade Robert James
And according to the def** request the pit desireth that his sub-
pened wittnesses may haue their Oathes given them for the Con-
firmacon of his peticon which is Granted
Thomas Shelton of Charles County in the Province of Maryland
Taylor aged 28 yeares or thereabouts swome and Examined in open
Co'* Sayth
32
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498 Provincial Court Proceedings, 1661.
libcr That M' Haggett deliuered unto M' Wade a bill of one thousand
^' ^ ^- pounds of tobacco and that the said Wade was to deliuer in a Con-
dicdn of one Robert James from M' Bancks which the said Wade
had a way And that the due
p. 700 Thomas Wentworth of the said County and Province Gent swome
and Examined in open Co** sayth that M*" Haggett deliuered unto M'
Wade a bill of one thousand pounds of tobacco and that M' Wade
did promise to bring up a Condicdn and to beare the said Haggett
harmeles from his father in lawe M** Bancks as soone as he retoumed
up againe And that in their discourse Robert James alleadged that
he was unwilling to goe downe to M' Bancks because he the said
James had dealt soe . teously by him And that he had Run away
and taken Qoathes away from the said Cap^ Bancks and soe upon
that Accompt desired M' Haggett to pass his .... to M' Bancks for
one thousand pounds of tobacco and further sayth not
The def^ alleadgeth that he the said James was indebted unto his
father in Lawe Cap* Bancks to the valine of Eight hundred pounds
of tobacco which the said James had receiued in parte of payment
for his wages from the said Captaine Bancks in Qoathes and other
things to the said valine and further alleageth that he apprehended
the said James as his father in Lawes Seruant and not as a Felon.
The pk desireth the Board to take notice that the def* Confessed
to haue apprehended the said James as his father in Lawe his
Seruant and Consequently had noe power to all the said Seruant
without an Assignment of the said Seruant Condicon from his father
in Lawe unto him or power by way of a letter of Attorney to all the
said Seruant or to Acte in all things in his absence as if he were
personally p'sent All which power y' Orato' dares boldly say the said
M' Wade was destitute of and therefore the said Seruant could not
be yo*^ orato" by reason the said Bancks if soe it had pleased him
might haue made him over unto any man and noe man had power to
twart the same and after the said Wade retoumed from S* Marys
ward he did not according to his promise deliuer unto yo' Orato*^ the
said seruants Condicon and when he the said James, run away, (if
in case yo' Orato' had used his utmost endeauor for the .... of the
said Seruant he was disinabled and had noe power and therefore
p. 701 could .... and crye as other Wherefore it is ordered that the said
Haggett should haue in his Bill and that M' Wade pay the Cost and
Charge of Suite Geo Thompson Ok.
The def* appealeth to the Provinciall Co**
Vide pet. The pit Assigns Error in Judgement that the said Humphrey Hag-
o : 490 g^^^ jj J gyg ^j^^ pj^ f ^j. ^j^^ deliuery of a Bill, which bill was made for
the payment of the tobacco vnto Richard Bancks of Popler Hill and
not to the pit, Reheareing is assignd the first day of the next Co**
Bushell V.
Thomas this Cause is respitted whilst next Co'*
Dent '^
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Provincial Court Proceedings, 1661. 499
The Jury retourns their Verdict that haueing Swome and Exam- Liber
ined the Wittnesses doe finde the force to be of truth. Ordered that p^^i^
a writt issue out to the Sherriffe of S* Marys to Sumons EUinor Martinc v.
Martine George Wilson and Thomas Ward to appeare at the next Martinc
Provinciall Co'* to answere the force. Vide pet &
order fo:
461
To the Right hono"* the Gouemor and Councell of the Prouince John Babtist
of Maryland Ge^e"""
The humble peticon of John Babtista Sheweth That whereas yo' ^^^^^^"«^
pet' hath been dayly troubled by the Attorneys of M' Symon Overzee
deceased .... as he is not .... prayes that they may be forced to p. 702
some issue .... that at length he may haue some Redress And he
shall pray &c
Thomas Prichard aged forty yeares or thereabouts swome the
17*^ day of June 1661 Sa)rth That when this depon* was M' Ouerzees
Ouerseer at Portoback M' Ouerzee brought one John Babtist vp to
him in or aboute the moneth of May 1651 And tould this depon*
he could not tell what to doe with him askeing him this depon*
whether he would take him in for a Share and he replyed noe, his
Crop was pitcht And the said M' Ouerzee sayd that John Babtist
was his Seruant for two yeares or to pay him two thousand pounds
of tobacco for his Freedome whereupon this dep* allowed the said
M' Ouerzee halfe a Share of tobacco for that ensueing yeare and that
M' Ouerzee left him with this depon* at all Comands as Seruant and
further Saj^h not T P
Jur. coram Philip Calvert. The marke of Thomas
Prichard
At a Quarter Co** held at James Citty the 10*** of March 1653
Present Richard Bennet Esq' Gouemor Coll W" Clayborae Coll
W" Bernard Coll Thomas Pettus Coll George Ludlowe Esq'*
Whereas John Babtista a moore of Barbary hath pet. for his
freedome and hath made it appeare by sufficient proof e that M'
Ouerzee that brought him in did not sell him for his life tyme and
haueing already serued Major Thomas Lumbert fine yeares The Co**
doth order that he shall yett serue two yeares more and then be free
or otherwise produce two thousand pounds of tobacco and Caske
to be forthwith payd at the Buck riuer at Kequotan or Newport
News Ro. Hubberd Cik
.... Lambert full sattisfacc5n .... for the use of John ....
This bill bindeth me John Babtista my heires Ex'* or Adm'* to pay p. 703
or cause to be payd vnto Symon Ouerzee or his Assigns the Sume
of Eighteene hund^ pounds of tobacco and Caske this tobacco to be
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500 Provincial Court Proceedings, 1661.
Libcr payd at Portoback Creeke in the Province of Maryland as Wittnes
P. C R. jjjy j^^^j ^j^jg gth March 1655 The mke of John Babtista
Wittness Jobe Chandler The mke A of Alexander Sympson
The Deposicon of William Capps aged 42 yeares or thereabouts
Sayth That being at worke at M*^ Ouerzees howse heard the said
M' Ouerzee say that John Babtist was his sera* for two yeares and
further Sayth not W" Capps
Sworne before me Tho Keiling
William dyer sweares the same with W" Capps sworne before
Tho Keiling
Daniell Gourdon sworne in open Co'* Sayth that John Babtista
was brought to S)mion Overzee in May and seraed the said Ouerzee
till March after and further Sa)rth not
Archball Wayhope sworne in open Co'* Sayth That he doth knowe
John Babtist to be S)rmon Ouerzees seruant and that he seraed him
two yeares within a Fortnight
Ordered that the jrft haue his freedome Bill of 1800* tobacco
together with Corne and Cloaths and the deft Costs of Suite
p. :jo4 To the Right bono"* the Goueraor and the rest of the Councel of
Re Attwidc ^^ Prouince of Maryland
The humble peticon of James Attwick Sheweth and humbly im-
plores in reflference to his age 65 yeares or thereabouts That yo'
Honors will be mercifully pleased to dismiss yo' poore pef from the
burthen and Charge of his Country Leauyes And yo' pet' shall pray
&c
Vpon the peticon abouesaid It is ordered that for the future the
pef never be charged any .... of his Leauy
Attorney The deposicon of Sarah Taylor aged twenty yeares or thereabouts
^^ ^' sworne and Examined in Co'* 17*^ July 1660
Yo' depon* Sayth that Thomas Watson in tyme of his sicknes
had very bad usage which was not fitt for a Christian in his weake
Condicon And yo' depon* further Sayth that her Master and Mistres
forwamed yo' depon* and the rest of her fellow Seruants from
carrying the said Watson either Victualls or drinke at the pill of a
basted Coate vnles he came into the dwelling howse for itt Soe that
the said Watson continewed six dayes and had neither Victuall nor
drinke Soe that he drunck his owne Water in yo' depon** sight The
[A Cowl Seauenth day he came into the howse Creeping sometymes of all
staflF is a foure sometymes houlding by the Pallasadoes And when he come in
w£ch a t^ yo' depon* Gaue him such Victualls as the rest of the Seraants had,
issupportcd And yo' depon* Sayth that the said Watson tould her that his M'»
Arsons] was her death by a blowe she gaue him with a Cowle staffe which
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Provincial Court Proceedings, 1661. 501
Blowe caused an Impostum to breed in the small of his back and it Liber
was broken inwardly yo*^ depon* sayth that he mayn .... to her *^- ^ *^
Mistres face, But she .... Kick with her foote And .... day there p. 70s
being .... he at night Yo' depon* could not sleepe, and in the night
she felt her Bedd shake and being Scared that the hare of her head
stood right vp an End, not knowing the reason she lookt out of her
bed and she sawe Thomas Watson standing by her bedside in the
same likenes he was in in his prosperity, she sayd Lord haue mercy
upon me and he gaue a Screeke and went his way And yo"" depon*
further sayth that the said Watson being turning the Spitt some
three weekes before he dyed the fyre being something hdtt Soe that
he could not Tume for the heate thereof, with that yo*^ depon**
Master pulld him out of the Comer and struck him soe violently
with his hand on the Brest and face that the blood issued out of his
mouth and nose Yo' depon* shewed the blood on the Ground to
Thomas Southeme And yo^ depon* Sayth that two or three dayes
before the said Watson dyed he did absolutely Say that his Master
and M" was the cause of his death And yo"" depon* Sayth that she
John White and Thomas Southeme was discourseing of the said
Watson and how he should tell them that his Master and Mistres was
his death and that their M" ouer heard th" and that she came to
them and scoulded at them, but they denyed what they sayd and she
went in and tould their Master what they sayd And he came to John
White and asked him if yo"" depon* sayd any such thing And the sayd
White denyed he heard her say any such thing And their Master
made Answere yo" say soe to saue her abasted Coate but she shall
haue it for all that And yo' depon* sayth that Thomas Watson was
in perfect sence and memory to the last night of life
Sarah ^ Tayler
her marke
The dep** of Thomas Southeme aged twenty yeares or thereabouts
swome and examined in Co'* the 17*^ of July 1660
Yo' depon* sayth that Thomas Watson in tyme of his sicknes had
very bad usage which was not fitt for a Christean in his weake
condicon yo' depon* .... Charged him that .... not any Sustenance p. 706
att all But was forst to drinke his owne water and the seauenth day
he came into the howse houlding by the Pallasadoes like a young
Child Yo*^ depon* sayth that he heard the said Watson tell John
White that his M" had struck him over the small of the back with a
Cowle staff which would be his death Yo"" depon* sayth that he and
the said Watson and John White went out to Cutt wood and in
pipeing their Master came and asked them if that was their worke
and takeing the said Watson to falling of a Hiccory tree and while
he was falling the tree. He Cutt a Hicckory stick and beate the said
Watson many a Stripe John White standing by sayd he counted the
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502 Provincial Court Proceedings, 1661.
Libcr Stripes and he sayd there was fifty odd And yo' depon* sayth that
P. C R- another tyme goeing to the thicckett to worke, his Master Cutt a
Stick and beate the said Watson till he broake itt and when he had
done he cutt another and gaue it John White and bad him driue him
a long and further sayth not Thomas S Southeme his marke
The deposicon of John White aged 22 yeares or thereabouts
swome and Examined in Co'* the 17^ of July 1660
Yo*^ depon* sayth that Thomas Watson in tyme of his Sicknes had
very bad usadge not fitt for a Christean in his weake condicon And
yo*^ depon* further sayth that his Master Cap* Thomas Bradnox and
his M" Mary the wife of the said Bradnox forewarned yo' depon*
and the rest of his fellowe Seruants from carrying either Victualls
or drinke to the foresaid Thomas Watson vntill he came into the
dwelling howse for itt vpon perill of a Basted Coate Soe that the said
Watson continued six dayes and noe body durst to carry him either
Victualls or drinke Soe that the said Watson was f orst to drinke his
owne water the seauenth day the said Watson came into .... desired
for Gods sake for to giue him some .... him Buffle head and ....
p. 707 asked him if he .... if thou Doest thou art mistaken I will take
none out of my Crop to that purpose for thou art enough to be out
of itt And yo*" depon* further sayth that aboute three dayes before
the said Watson dyed he sayd to yo*^ depon* John God by for my
M'* hath been my death and yo*" depon* askt him, How and he
answered by a Blowe my M" gaue me with A Cowle staff e ouer the
small of the back After yo' depon* had heard what he sayd yo*^ depon*
called his Mistres Thomas Southeme and Sarah Taylor, and the
said Watson mayntayned what he had tould yo*" depon* to her Face
before them, his M" called him Rouge and sayd he lyed it was a
Kick with her Foote And yo' depon* further Sayth that the said
Watson doth walke and that he hath scene him two seuerall tymes
the first tyme was in the night yo*" depon* being troubled in his Sleepe
awaked and turned his Face towards the Outside of the bed and he
sawe Thomas Watson standing by his Bedside or something in his
likenes w*** that being scared yo*^ depon* turned himselfe aboute and
sayd Lord haue mercy upon me, and the said Watson went away and
gaue a Screeke And the next morning Yo' depon* tould his fellowe
seruant Sarah Taylor what he had scene, the second tyme yo' depon*
sawe the said Watson appeare was in the day tyme Betweene twelue
and one of the Qock and then he appeared in manner as before And
further yo*" depon* sayth that his Master gaue the said Watson fifty
cruell blowes vpon the head and sides with a good round hicckory
Stick in the begining of his sicknes which made his head swell and
another t3rme yo*" depon* sayth that his Master followed him from
morning till Noone with a Stick in his hand to make him fetch wood
and beate him more like a dogg then a Christean, and after he had
broken his stick he gott another and gaue it yo*^ depon* and bad him
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Provincial Court Proceedings, 1661. 503
driiie him a long but yo"" deporf wotdd not strike him the rest of yo** Libcr
dep** fellowe Seruants can testefye the same Yo^ depon* .... the '
stick his Master gaue
Then was impannelld a Jury for the tryall of Mary Bradnox the p. 708
Relict of Thomas Bradnox (vizt)
Richard Smith Foreman
George Macckall
Humphry Haggett
Robert Kingsbury
Walter Pake
James Ueiche
William Greene
William Hatton
-Francis Anketill
Daniell Clocker
John Bogue
Zackary Wade
William Kennedey
-Walter Beane
Richard CoUett
Daniell Johnson
Then the said Mary Bradnox tendred to the Board these following
dep"* (vizt)
The deposicon of William Hemslye aged 26 yeares or thereabouts
taken before M*" Philip Connor the 4th day of September 1660
Yo*^ depon* sayth that Cap* Thomas Bradnox desired him for to
come to see his Seruant Thomas Watson for he sayd he had the
Scurvey and he used all meanes he could, but could doe him noe
good Soe yo"^ depon* went to see the said Watson, and Cap* Bradnox
askt yo*" depon* for to take him in hand if I thought I could cure
him I tould him I had not meanes to undertake the Cure for it was
my Judgem* he was in soe deepe a dropsy that it was incureable but I
directed Cap* Bradnox what to gett to doe him good if possible any
good could be done And Cap* Bradnox sayd he could not tell where
to gett such things as yo"^ depon* directed him but if they were to be
gott, he would Endeauo'' to gett them in shorte tyme after yo^ depon*
heard the said Watson was dead & further sayth not
Jurat coram Philip Connor W" Hemsley
The dep" of Thomas Wetherell aged 53 yeares or thereabouts
swome and Examined in Co^ the 17*** of July 1660
Thomas Bradnox sent for .... of Thomas Watson .... depon*
sayth he ... . receiued But what it pleased God to lay vpon him nor p. 709
yo' depon* knoweth not of any bad usadge he had in the tyme of his
Sicknes and further sayth not Thomas ® Wetherell his marke
John Dobbs sworne and Examined in Co'* Sayth the same ver-
batim with Thomas Wetherell aboue and further Sayth not
John i D dobbs his marke
John White aged 22 yeares or thereabouts swome and Examined
July 17*** 1660 Sayth Aboute the midle of the last moneth yo** depon*
heard Sarah Taylor tell yo' depon* that if she should not gett the
Vpper hand or day of her M" in the Seate which she hop't she
should, that she would Run a Knife into her Mistres Bowells and
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S04 Provincial Court Proceedings, 1661.
liber alsoe in her owne before the face of the Co'* and further sayth
P. C R. jjQ^ JqIuj White © his marke
Jurat coram Philip Connor.
Thomas Southeme being Examined sweares the same verbatim
with John White Thomas S Southeme his marke
Jurat coram Philip Connor
The dep° of John White aged 22 yeares or thereabouts taken the
13*^ of August 1660 swome & Examined Sayth That sometymes in
January last being falling of a tree yo' depon* and another man that
Thomas Watson stood imder the said tree yo' depon* bad the said
Thomas Watson stand from the tree, else the tree would knock him
on the head the said Watson replyed he did not care if any man
would nock him one the head for his disease would kill him and
further he deposeth not
Jurat coram Philip Connor John ® White
The dep** of John dabb taken before M' Philip Connor Sep* 29®
p. 800 1660 Sayth That aboute the 17*** of February last past Thomas
Watson Seru* to Cap* Thomas Bradnox came to my howse being
very sick and much Swelld with the Scurvy and Thomas Wetherell
in yo' depon** presence did strip the said Watson to uiew him And
yo' depon* did then see the Members of the said Watson and they
were broken, and the Skyn gone of them And yo' depon* did hold
the Candle while Thomas Wetherell did anoynte them and wee did
aske the said Watson whether or noe his Master or Mistres had
abused him and he sayd noe, but his desease was the cause or words
to that Sence and purpose And yo"" depon* saw afterwards when the
said Watson was dead his M*" Cap* Thomas Bradnox to handle the
said Corps and further sayth not, but the said Watson then sayd that
his M*" and Mistres did keepe a greate Stirr with him to walke and
stirr aboute and further sayth not
Jurat coram Philip Connor. John dabbs i D his marke
Thomas Wetherell haueing heard the same read according to John
dabbs testemony doth affirme the same verbatim And further sayth
that Cap* Thomas Bradnox did touch the Corps of Thomas Watson
and thrust his Thumb vpon his body to shew how his flesh did dent
and stirrd and shogd the Corps which on my oathe at Poynt Loue I
did then relate the 17*** July last past And further I did not in the
leaste see any blood come from the Corps where Cap* Bradnox
touched him and further sayth not but Thomas Watson tould yo'
declarant he had not drinke enough
Thomas 0 Wetherell his marke
The dep" of Charles HoUinsworth aged 21 yeares or thereabouts
swome and Examined the 7*** of Sepf 1660 before M' Philip Connor
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Provincial Court Proceedings, 1661. 505
.... John White at Accomack .... Bradnox and that .... said Libcr
White had .... not been vnder age the Reporte went he had been ^- ^- ^
hanged And yo^ depon' knew the said White to be an idle Runaway p. 801
and of noe Creditt And yo^ depon' heard say that John White was
for swome or perjured And alsoe that the said White had broken
open a Store howse as the Generall Reporte went And further yo*"
depon* sayth not
Jurat coram Philip O>nnor Charles X Hollinsworth his marke
The aforesaid Jury retoumed their Verdict thtis (vizt) Wee of
the Jury haueing duely enquired doe finde noe cause of p^sentment
concerning the death of Thomas Watson.
And Proclamacdn being made that if any man haue any thing to
say on the behalfe of the Lord Proprietary against Mary Bradnox
the Relict of Thomas Bradnox concerning the death of Thomas
Watson they shall be heard
Noe man appeareing the said Mary Bradnox is Cleared by Procla-
macon
The ph desireth an Appeale in Chancery against the next Co'* Robert
which was granted. W« ^eSie
The Co'* is ajoumed till to morrow morning at nine of the Qock et vx
Thursday the 28*** of Nouemb' Nov. 28
Attorney
Present as before General v.
.... last Co'** for some misdemeano" by him Comitted And p. 803
hath for the space of foure or fine moneths been a Prisoner almost
to his Ruine And whereas alsoe he is absolutely dejected through the
Sence of his former foUyes and unfeignedly hath made most serious
vowes of Amendm* being certainly assured of yo' Hon" clemency
to his tender yeares he haueing^ soe penitently ueiwed his p''sent
misery
The p^'misses considered yo^ penitent pef humbly implores yo""
bono" that his vowes of Amendm** may not be Cropt nor suffocated
by a Continued Restraint but receiue nutriment from yo"" Hono"
Clemency by the enjoym* of his Release in such nature as to yo'
bono" shall seeme meete And he shall pray &c.
Vpon the peticon aboue said It is ordered that the pef be releast.
The ph Claymes a Refference till next Co'* which was granted Samuell
Brockett v.
To the bono"* the Gouemor and Coimcell of the Prouince of Marsh
Maryland Hobbs v.
xjLaflTffett
The humble peticon of John Hobbs Sheweth That yo' pef being
indebted to Humphry Haggett in a certaine quantity of tobacco did
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5o6 Provincial Court Proceedings, 1661.
Libcr article and agree with the said Haggett to liue with him and worke
P. C. R- jjj Coopery he haueing one halfe of his labo"" to finde him dyett
lodging tymber &c and yo"" pef the other halfe of what proffitt
should be made out of his worke and to receive and pay himselfe out
of that produce what he should justly be indebted to him
.... Haggett usurping the power of a Master ouer to threats
p. 804 and most inhumane .... Complaynt & removeall .... prayeth that
the .... Coimty to Examine and giue a Reporte to this bono"* Co^
how they finde p^'sent difference And he shall pray &c.
Ordered that the busines be referred to the County Co'* and that
John Hobbs doe giue in security there to appeare to answere tinto
Hiunphry Haggett And that the Com" of that County are to see
justice done in the busines
Bradnox v. To the hono"* the Gouemor and Councell of Maryland
ay or jj^^ humble peticon of Mary Bradnox Sheweth That whereas
there was an accon of Conspiracy entred by Thomas Bradnox
against Sarah Taylor who is unjustly freed which accdn could not
be determined till the said Bradnox was cleared of the death of
Thomas Watson, which being cleared yo' pef humbly craues such
sattisfaccon of Sarah Taylor for such her Conspiracy And Running
away from her seruice to accomplish her unchristean designe as yo'
hono*" shall see just Cause for And yo' pet*^ shall pray &c
Ordered that Sarah Taylor giue in Security to appeare at the next
Provinciall Co^
Snow V. To the Right hono**^* the Gouemor and Councell of Maryland
The htmible peticon of Marmaduke Snowe Sheweth That whereas
Thomas Gerrard Esq' and Brother in lawe to yo' humble peticon'
hath obteyned a Judgement against one George Thompson for
sattisfacc5n for some certaine Rights of land which rights did, and
still doe belong vnto yo' pet'
p. 80s I doe hereby impower Coll W" Euans or Thomas Turner Gent, to
Act for me as my Attorney Generall in all Causes whatsoeuer me
concerning during this p'sent Co'* Wittnes my hand this 28*^ of
November 1661 Marmaduke Snowe
Thomas Turner appeareing the Attorney of Marmaduke Snowe,
The Co'* did Judge that there was not sufficient Grounds of super-
sedeas to be granted vpon the peticon
Adjourn- The Co'* is Ajoumed by the Leiuetennant Generall till the ninth
"*^rt ^^ February next
Thompson George Thompson demands a writt to arrest Thomas Gerrard in
V. Gerrard ^n accon of the Case to the value of 20000* Tobacco
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Provincial Court Proceedings, 1661. 507
Warr* mde to the Sherriffe of S* Marys County to arrest &c ret. Libcr
the first day of the next Co« ^' ^' ^
Idem demands Sumons for Robert Qarke to testefye &c
Idem demands Sumons for Thomas Allanson to testefy &c.
Sumons mde Ret : ut Supra.
Warr* to the Sherriffe of Baltemore County to apprehend George Attorney
Vtye and Richard Wells whoe are to appeare at the next Co^ to ^^l^ '''
answere to a high Contempt comitted ag* his Lop" Govemm*. Wells
Marmaduke Snowe demands a writt to arrest Thomas Gerrard 7th Dec
in an accon of the case to the value of 1400** ster. and 3500^* tobacco Q^r^rd *
Warr* mde to the Sherriffe of S* Marys Cotinty to arrest ret ut
Supra
William Calvert Esq*" demands a writt to arrest Henry Pennington Calvert v.
in an accon of trespas Pennington
Warr* mde to the Sher. of S* Marys County to arrest &c.
John Thompkinson
Memorandum this day came Henry Banister and desired the En- ^^*^^^
sueing to be recorded (vizt) g^e Banister
Theis p^sents testefye that I Thomas Stone in Charles County
haue Sould and bargained for vnto Henry Banister to him and his
heires Executo" a parcell of land being parte and belonging to the
Manno*" of Westbury or one Tenem* of Coppyhould therevnto lying
on the side of the Hills Betweene Cap* Prices and Robert Jones
Plantacdns that were aboue the Pathc in the wood that way goeing
to be two himdred acres, And this aboue menconed two hundred
acres I doe by theis p^'sents sell bargaine for Sell and deliuer to him
the said Henry Banister his heires or Assigns for and during the
Extent vpon the same by order Co'* to me belonging paying for the
same at the vsuall receipt of rents in this province two Bushell of
Indean Come p ann to me my heires or Assigns. And in fine Ac-
cording to specialty two thousand two himdred pounds of tobacco.
As Wittnes my hand and seale this 25*^ of November 1661
Tho. Stone
Sealed and deliuered in the p'sence of Enoch Daughty Richard
Stone
Richard Kadmore demands a writt to arrest Thomas Steeres in Kadmore v.
an accon of debt Stterts
Warr* mde to the Sherriffe of S* Marys County to arrest &c ret
ut Supra.
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5o8 Provincial Court Proceedings, 1661.
Liber Caeciliiis &c To the Com" of S* Marys and Charls Countyes all
Re Nea^ or any of them Greeting Whereas Cap* James Neale haueing in the
yeare 1644 left certaine Neate Cattle Seruants and Guns and other
p. 807 goods in the posson of Nathaniell [Pope] .... the Estate of the
said Neale into the parts of Virg* or otherwise out of the Juris-
diccon of our Pro*" Co'* Now Knowe yee that to the End the said
James Neale may be Enabled to sue in the Co'** of Virginea or else
where and the Wittnesses liueing within the Coimty of S* Marys or
Charles County wee haue thought fitt and doe hereby authorize yo"
the said Com" of S* Marys and Charls coimty s All or any of yo" to
examine vpon oathe such persons as the said James Neale shall desire
yo" touching any Estate by him to the said Pope Cogiitted and the
said Examinacons soe taken to our Provinciall Co'* transmitt vnder
yo' hands and Seales and Close sealed up to the end that from thence
they may be certefyed authentically to any Forreigne Co'* that right
may be done Giuen vnder the lesser Scale of this our Province of
Maryland this 9*^ of december 1661 Wittness our deare sonne
Charles Calvert Esq' our Leiuetenn* of our said Province
December Warr* to the Sherriffe of Calvert County to apprehend the body
Att ^^^^ ^^ Thomas Thurston without bayle or Maynprise
General v.
vilJa'^Md! ^^^^^ ^^ *^ Sherriffe of Calvert County to deliuer the body of
Arch. 362 Thomas Thurston to Richard Preston to Ma3mprise
eodein die
Re Aber- Whereas I am credibly informed that Dauid Aber Crombey is
^^^^tatc ^^P^^^^ th^s life, These are therefore in the name of the Right
hono"** the Lord Proprietary to will & require yo" William Harper
and John Lawson, late Attomeyes of the said dauid Aber Crombey
And all other Attorneys within this Province (if any be) not to
dispose or parte with any the goods, or other Estate of the said
dauid Aber Crombeys left in yo' hands till further .... And likewise
that both of yo" make yo' . . . . next Pro*^^ Co'* to be held ....
p. 808 next to shew .... to James .... said dauid Aber Crombey late
deceased as aforesaid Giuen at S* Marys 14*** day of december 1661
To the Sherr. of S* Marys County
; The St. For as much as his Lo^ the Right hono"** the Lord Prop' hath by
i ^^d^ speciall order Comanded the deliuery of the S* George of Bantry
di. Coun! with her Loadeing into the hands of Coll.' George Walters or his
3^' Assigns. And whereas vpon Enquiry made I doe finde that the said
Ship and goods are not yett deliuered. I doe hereby straightly
charge and Comand as well Cap* Josias Fendall as the then Treasurer
Philip Calvert Esq' to deliuer the said Ship and goods or the vallue
now in their posson to the said Walters or his Assigns any Respitt
formerly by the Councell granted to them or either of them to the
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Provincial Court Proceedings, 1661. 509
Contrary hereof notwithstanding as they will answere the Contrary Liber
at their perills Giuen vnder my hand 10*** dec. 1661 ^- ^' ^
Charles Calvert
Robert Maccklyn demands a writt to arrest Thomas Williams in Dec: 2c^
an accon of debt Mac^ ..
Warr* mde to the^Sherriffe of Kent Coimty to arrest &c ret i**
day of the next Co^
William Bushell demands a writt ag* Thomas Dent Daniell Jan : 3d
Qocker George Macckall and W" Hatton Ex" to Coll. John Price in g^J^J^Jf^ ^^j
an accon of the case another writt for the same persons in an Price v.
accon of detinue ^^^ ^ *^
Warr* mde to the Sherriffe of S* Marys County to arrest &c.
John Hammond demands a writt to arrest Anne Tilney Ex*^ to Hammond
Richard Hoskeys dec** in an accon of the Case. Exeac?^
Elizabeth Packer demands Attachm* .... Thomas Packer v.
Augustine Herman by his Attorney Richard Collett demands a p. 809
writt to arrest Nicholas Voting Attorney of Major George Colcloiigh Coldo^h
in an accon of Coven*
Warr* mde to the Sher. of S* Marys County to arrest &c
Warr* to the Sherriffe of Charts County to apprehend the body Jan. 10*^
of John Jenkins and Christopher Russell without Bayle or Mayn- Gracra?v
prise Jenkins et al.
Eodem die Warr* to the same sherr. to Confine Cap* Josias Fen- Attorney
dall to his owne howse. fSS ""'
Cap* James Neale demands a writt to arrest Robert Cole in an Neale v.
accon of the case. ^^^
Warr* mde to the Sherriffe of S* Marys County to arrest &c.
John Nicholls demands a writt to arrest John Nuttall in an accon Tan. 15th
of the case m "J n ""•
Nuttall
Warr* mde to the Sherriffe of S* Marys County to arrest &c.
This day came Henry Sewall Esq*" and desired the ensueing to Eodem die
be recorded (vizt)
This Indenture made the 26^ day of January annoq domini 1646
in the 22^ yeare of the Raigne of our Soueraigne Lord Charles by
the Grace of God King of England Scotland France and Ireland
defender of the f ayth &c. Betweene Prudence Sewall of Noneaten in
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510 Provincial Court Proceedings, 1661.
Libcr the County of Warwick Spinister of the one party and Henry Cooke
P. C. R- Qf ^ijg Citty of Coventry Felt maker of the other parte Wittnesseth
that the said Prudence Sewall as well for the yearely rent herein
hereafter reserued as also for diuers other Good Causes and law-
full consideracdns her hereunto especially moueing, Hath demised
Granted sett and to farme Lett and by theis p^sents doth demise
grant sett and to farme Lett vnto the .... his Executo" Adminis-
p. 900 trators and Assigns all ... . contayning .... And the Yard ....
on the North side of the same streete, Betweene a Messuage or
Tenem* in the tenure of Anne Cartwright widdow of the Easte pte
and a Tenem*, in the tenure of John Bennett Glouer of the West pte
To haue and to hould the said Messuage or tenem* and Garden with
the appurtenances unto the said Henry Cooke his Executors Adm"
and Assigns from the second day of February next ensueing the date
hereof for and during, and vnto the full end and tearme of twenty
and one yeares from thence next and imediately following, and
fully to be compleate and ended Yeilding and paying therefore
yearely during the said tearme of twenty and one yeares tinto the
said Prudence Sewall her Executors Administ" or Assigns the Sume
or yearely rent of three poimds of lawfull money of England at
two tymes or tearmes in the yeare (that is to say) vpon the first
day of August and the second day of February by equall and euen
persons, Provided alwayes and it is expressly condiconed and agreed
vpon by and Betweene the said partyes to theise Indentures by theis
p'^sents that if it shall happen the said Sume or yearely rent of three
poimds of lawfull money of England at any tjone or tymes hereafter
during the said Tearme of twenty and one yeares to be behind or
unpayd in parte or in all, after either of the said Tjones or tearmes
in which the same ought to be payd at by the space of foureteene
dayes being Lawfully demanded, that then and at all tjrmes from
thenceforth it shall or may be lawfull to and for the said Prudence
Sewall her heires Executo" Adm" or Assigns into the said demised
p'^misses and euery parte thereof to reenter and the same to haue
againe repossesse and enjoye as in her or their former Estate and
Right And the said Henry Cooke for him his heires Exe" Adm" or
Assigns, and euery of them doth Covenant and Grant to and with
the said Prudence Sewall her Executors Administrate and Assigns
by theis p''sents that he the said Henry Cooke his Executo" Ad-
ministrator or Assigns shall and will att his and their owne proper
Costs and Charges at or before the Nyne and twentyth day of Sep-
tember next ensueing the date hereof well and sufiiciently floore with
Boards and joysts and other .... two Chambers of the demised ....
build and sett vp vpon the back building of the said p''misses one
p. 901 Good and sufiicient payre of Stayres and glass the Wyndowes of in
and aboute the said p^'misses with glass, All which matters and thinges
for the manner and forme is to be done and -p formed as John
Cattherins Tyler or his Assigns shall direct and appoynte and alsoc
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Provincial Court Proceedings, 1661. 511
shall and will at his and their owne proper Cost and charges from Libcr
thenceforth and from tyme to tyme, and att all tymes hereafter ^- ^- ^
during the said tearme of twenty one yeares well and sufiiciently
repayre vphould amend Sustayne and Keepe the said Messuage or
Tenement with the Appurtenances and all other the last menconed
p^'misses in and with all manner of sufiicient and tenentable Repara-
cons and new buildings, And alsoe that he the said Henry Cooke
his Executors Administrator and Assigns or some of them shall and
will in the end of the said Tearme of 21 yeares or other determinacon
thereof Leaue and yeild up the said Messuage or tenem* Garden and
Yard with the appurtenances and all other the said p''emisses Soe
floored sparred tyled erected built and Glaced as aforesaid well
sufficiently and tenentably repayred amended Sustayned vphoulden
and kept together with the quiett and peaceable posson thereof vnto
the said Prudence Sewall her Executors Administrators or Assigns,
And the said Prudence Sewall for her heires Executo" Admini-
strator and Assigns by theis p'^sents, that he the said Henry Cooke
his Ex" Administrator and Assigns and euery of them shall and
will by and vnder the yearely rent and Covenants which on his or
their parts and behalfes are or ought to be obserued and performed
from tyme to tyme and at all tymes during the said tearme of 21
yeares peaceably and quietly haue hould and Enjoye the said Mes-
suage or tenem* Garden Yard and all other the p''misses with the
appurtenances and euery parte and parcell thereof, without any the
Lett Suite trouble hinde[ ranee] .... by the said Prudence Sewall
.... Assigns or any of them Interchangeably haue putt their hands p. 902
and Seales the day and yeare aboue written.
Sealed and deliuered in the psence of W"* AUcotts Anne Sewall
W°* Dudley Edward Cooke The 3 marke of John Kathrins
Sumons issued to the Sheriffe of Charls County to W°* Heard Attorney
Hugh Neale Thomas Speake Thomas Lomax John Hatton John S^kJiw It
Balch and W°* Potter to testefye on the behalf e of the Lord Prop"" ag* al.
John Jenkins and Christopher Russell
Thomas Billingsley demands a writt to arrest John James and Jan. i8th
William Toulson ; to answere his Suite in Chancery v jamw
Warr* mde to the Sherriffe of Ann Arrundell County to arrest &c
jdem demands Subpa ad testificand : for John Barwell and Samuell
Chewe to testefye &c. Subpa mde.
jdem demands a writt to arrest William Parker to answer his Billingsley
Suite in Chancery ^- P*™^
Warr* mde to the Sherriffe of Calvert County to arrest &c.
jdem dem^ Subpa ad testificand Francis Chalke et ux and Ben-
jamyn Brashere to testefye &c Subpa mde
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512 Provincial Court Proceedings, 1661.
Libcr Maries Pheypo demands a writt to arest W"* Smoote and Richard
^^20^ True in an accdn of the Case
Pheypo V. Warr* mde to the Sherriffe of Charies County to arrest &c.
Smoote &
True
Steerc t. Thomas Steere demands a writt to arrest Ellis Coleman [in] an
Coleman - r ^t
accon of the case
Warr* mde to the Sherriffe of S* Marys Cotinty to arrest
Herman v. Augustine Herman by his Attorney Richard Collett dem^ a writt
to arrest Thomas
Jan. 25th John Abington demands a writt to arrest John Nuttall in an
Warr* to the Sher. of S* Marys County to arrest &c.
Lcc V. Hannah Lee Ad*^ of Hugh Lee dec^ by her Attorney Richard
^*^^' Collett dem^ a writt to arrest W"* Leeds, in an accon of debt
Warr* mde to the Sherriffe of Kent County to arrest
Griffyn v. Anthony Griffyn demands a writt to arrest Richard Grymes in an
^'■y"^ accon of the case.
Warr* to the sherriffe of S* Marys to arrest &c.
Hooper v. Robert Hooper dem^ a writt to arrest W™ Greene et ux to answere
Greene j^j^ ^^^^ j^^ Chancery
warr* mde to the same Sherriffe to arrest &c.
Idem demands a Subpa for John Steephens to testef ye &c.
Greene v. W"* Greene et ux demands a Subpa for Rich. Russell and Mary
Roberts ^iniams to testefye in a cause betweene the said Greene & Fobby
Roberts
Sumons mde to the sher. of S* Marys &c ret ut supra.
Re Whereas there was a Contract and agreem* indented made and
Tilghman Concluded beareing date the 12*** day of July 1661 Betweene Samuell
Tilghman Comander of the Ship Goulden Fortime of London of the
one parte and William Collins Cittizen and Woodmonger of London
on the other parte Whereby the said William Collins his Executo"
and Assigns were engaged to make ready and provide twenty Eight
hogshds of tobacco to be fetched a board the said Ship within forty
dayes next after arrivall of the said Ship in Patowmack or Patuxent
Riuers in Maryland accompting foure Virg* hhds to euery ....
whereas the said Samuell Tilghman in the ... . on the 19*** of
p. 904 Novemb"" Twenty Eight hogsheads on board the said Ship when
soeuer required from his arriuall aforesaid untill this p''sent day and
hath not yett receiued any order from the said Collins his factors
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Provincial Court Proceedings, 1661. 513
or Assigns or any noate or notice from any of them for the receiue- libcr
ing and fetching of the said twenty Eight hhds or any parte thereof ^' ^' ^
a board the said Ship. Therefore the said Samuell Tilghman doth
hereby protest as well ag* the said William Collins as ag* all other
persons whatsoeuer, And doth hereby declare that what damage shall
be made appeare to ensue for the Non performance of the aboues^
Contract and Agreem* may and shall rest vpon the s^ William Collins
his Executors Administ" or Assigns according to the Tenor of the
said Contract and agreem*
And I Charles Caluert Esq' Gouemor of the said Province of
Maryland vnder his Lo^ Caecilius Lord Barron of Baltemore Lord
and Proprietary of the said Province because the Protest aforesd
was made before me haue hereimto sett my hand and Caused his
said LoP* lesser Seale of the said Province to be affixed hereimto
this 22^ day of January 1661 Charles Caluert
Henry Sewall Esq"^ demds a writt to arrest Simphorosia Nanfan Scwall v.
in an accon of the Case. ^*°^*"
Warr* mde to the Sherriffe of S* Marys County to arrest &c.
John Lumbrozo dem^ a writt to arrest Walter Pake in an accon Lumbrozo v.
of debt in Chancery ^^^
Warr* mde to the Sherriffe of S* Marys County to arrest &c. ret
ut Supra.
Idem dem^ Subpa : ad testificand German Gillyett Subpa mde.
bert Kedger demands a writt to arrest William Black in an Kedra-
accon of the Case. ^^^
Robert
xon of tl
Warr* mde to the Sherriffe of S* Marys County
Ellinor Martyn demands a writt to arrest Patience Martyn in an n. 905
accon of the Case M^e ^'
Warr* mde to the Sher. of S* Marys Cotmty to arrest &c.
At a Provinciall Co'* held at S* Marys 11*** February 1661 1661/2
Feb. II
Present Charles Caluert Esq*" Gouemor Philip Caluert Esq^ Chan- [An order
cellor Henry Sewall Esq** Secr*^ and Baker Brooke Cotincellor. ^^ when
William Hatton John NichoUs Peter Mills W« Lucas ^ ^Ind^to
W" Bretton Foreman swome with the rest aboue written .... business is
printed m 3
Md. Arch.
To the Hono"* the Leiutenn* Generall and Councell Coun. 447]
The humble peticon of Ellinor Martyn Sheweth That yo' pet*^ the Martinc v.
Widd of Francis Martyn hath for the space of this fifteene yeares ^**^*
33
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514 ProvincicU Court Proceedings, 1661.
Liber been afflicted with a greate Lamenes in her Leggs together with
' seuerall other distemps which does altogether make her uncapable of
prouideing for her selfe Soe that haueing noe other Refuge to flee
vnto but yo' bono" fauourable Goodness humbly requests yo" will
be pleased forthwith quietly to order her posson of a third parte of
all the Lands and Edifices which properly did belong to her former
husband Francis Martyn
Yo' peticon' by yo*^ f auo*^ further declares that when her husband
bought this land lying in S^ Jeromes he gaue halfe of it vnto his
yoimger Sonne Loadiwick Martyn vnto whome yo*" pef humbly
craues yo" will Confirme itt, And she as alwayes bound shall pray &c
The pit sueth qut in peticon the def* desireth a Refference till
tomorrow morning which is ordered accordingly and that the def*
haue a coppy of the phs peticon :
Re Coleman Francis Mugg and John Coleman and his wife assigns over in open
Co*^ a Pattent of 120 acres called the Crost to Ellis Coleman,
p. 907 The said Ellis Coleman assignes ouer .... next Provindall Co'^
to trye the Cause
To the hono"*^ the Gouemor and Coimcell
Harwood v. The humble peticon of Richard Smith Attorney to Tho : Harwood
^B^* * Sheweth That whereas John Williams and Christopher Beaueres
Seamen came ouer into this Country in the said Harwoods ship and
brought over two men Seruants the which they sould tinto John
Grammer but the said Williams and Beaueries doe still stand in-
debted to the s^ Harwood for the passages of the aforesaid seruants
thirteene poimds thirteene shillings Sterl : money which is six pounds
tenn shillings a peece their passage and six shillings six pence a
peece petty charges Now soe it is that the s^ Williams and Beauerys
are run away on purpose to defraud the said Harwood of his just
right wherefore the said Harwood for to secure his debt was forct
to attache the Tobaccoes in the hands of John Grammer
Therefore yo"" pef in the behalfe of the said Harwood prayeth
Judgem' for soe much tobacco as this hono'^ Co^ shall thinke fitt
for the sattisfying of the afores^ Sumes of money with cost Charge
and damage & yo*" pef as in duty bound shall pray
The ph sueth p[ro]ut in peticon the def** Confess they had two
seruants brought in as in the peticon is alleadged Ordered that they
pay two thousand one htindred Eighty f oure pounds tobacco to the s"*
Cap* Harwood for the said Seruants passage one htindred and fifty
for the Sherriff e and one hundred twenty
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Provincial Court Proceedings, 1661. 515
To the Right hono"* the Leiuetenn* Generall and the rest of the Libcr
Councell&c p,'^^
The humble peticon of John NichoUs on the behalfe of his daugh- S^^?V'
ter Easter NichoUs Humbly sheweth That whereas yo*" peticon" Daniel
daughter being a Freewoman borne in this Province, and Cap* <^ocker,
Thomas Comewallis often pressing yo' peticon*^ that she might come
and Hue with him to wayte on his wife did at his request and desire
putt his said daughter to him he promising him she should doe
nothing else but wayte on his wife as by seuerall wittnesses yo' pef
can make appeare
Now soe it is may it please yo"" honors that the s^ Cap* Come-
wallis haueing sould most parte of his Estate in this Cotintry to one
M' John Nuttall and yo' pet" daughter amongst the rest of his
Seruants alsoe Contrary to equity and justice the said Nuttall refuses
to deliuer her up to yo"" pef without an order of this hono**^* Co^
The p^misses considered yo"" pef humbly craues an order of this
bono**'* Co'* for her f reedome soe that yo*" poore pet" daughter may
not be made a slaue And he shall pray &c.
Whereupon was pduced this Indenture which is as followeth
This Indenture made the second of February 1658 Betweene John
NichoUs and Hester NichoUs of the one parte and Thomas Come-
wallis and Penelope his wife on the other parte Wittnesseth that the
said John and Hester NichoUs doth couenante promise and Grant to
and with the said Thomas ComewaUis and Penelope his wife that
the said Hester NichoUs shaU serue the said Thomas [Comwaleysl
their Assigns shaU finde and aUowe the s^ Hester meate drinke p. 909
ApparreU and lodging In Wittness whereof the s^ John NichoUs &
Hester NichoUs haue hereunto sett their hands & Scales the day &
yeare aboue written John Nicholls his marke I HH
Hester Nicholls + her marke
Sealed and deliuered in the p^'sence of Rich. Hoskeys John Abing-
ton
Edward West swome in open Co'* Sayth That Cap* ComewaUis
did promise the said Nicholls that his daughter should doe nothing
but wayte on his wife and that he would leaue her with M" Tilney
to teache her to reade and to sowe And make her fitt to wayte on his
wife and would take as much care for her as his owne Child and
further sayth not.
They putt themselues to the TryaU of a Jury.
warr* to the Sherr. to impannell a Jury, The sherriffe ret. his writt
and warned.
John Hammond! W" Tettersall
William Heard
German Gillett
Rich Russell
Peter Carwardine
Geo : Wright
Christopher Jones
Rich. CoUett
Tho:Griffyn
W°* Greene
Henry Pennington
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Si6 Provincial Court Proceedings, 1661.
libcr John Hammond Foreman being Swome together w*^ the rest
^'^^ aboue written withdrew, for a while and then brought in their verdict
vizt
Wee finde this Indenture illegall deceitfull and voyd .... ordered
that the said Easter Nicholls
p. 1000 Wednesday the 12*^ of February 1661
Feb. 12 Present Charles Caluert Esq^ Gouemor Philip Caluert Esq^ Chan^
cello^ Henry Sewall Sec' Baker Brooke Henry Coursey and John
Bateman O>tincello"
To the bono"* the Leiuetenn* Generall and the Councell of Maryland
Herman V. The humble peticon of Richard CoUett Attorney to Augustine
oer^Th^"^ Herman Sheweth That whereas there were certaine differences de-
Manning pending Betweene Elizabeth Overzee Ad*^ of Symon Overzee dec**
Atty. and Augustine Herman it was agreed vpon Betweene the said Augus-
tine and Major George Colclough who marryed the said Elizabeth
to putt the said differences to the Arbitracon of Henry Coursey
and John Bateman Esq" Cap* Samuell Tilghman and Cap* Miles
Cooke and to that end the said Major George Colclough did on the
20^ day of February 1660 become bound to the said Augustine in a
bond of one thousand pounds sterl : to stand to and perf orme what
award the said Arbitrat" should make as by the Condicon of the said
bond more at large appeareth
Yett now Soe it is may it please yo' honors that the said Major
George Colclough hath not pformed the said award to the greate
damage of the said Augustine wherefore yo' pef humbly craues
Judgem* against the said Major George Colclough for the said one
thousand potinds sterl. and he as in duty bound shall alwayes pray &c.
The ph sues p[ro]ut in peticon The def* alleadges that the bond
was voyd the def* haueing confest Judgem* for the tobacco that was
awarded, and therefore desired A Non Suite which was granted.
W« Bushell Ordered that John Hammpnd .... vndertake ....
V.
p. looi To the bono"* the Gouemor and Councell of Maryland.
y. Ji^^^ The humble peticon of Tho: Billingsley Sheweth That yo"" pet^
Toulson bought and is seated vpon one htindred and fifty acres of land lying
vpon the Qiffes in Calvert Cotinty which formerly belonged to
John James and W"* Toulson of Anne Arrundell Cotinty who hath
rec^ good Consideracon
Therefore yo' pet*^ humbly craues yo' Hono" to Comand the said
John James and W"* Toulson that justly they warr* the said land and
giue reasonable Assurance thereof And he shall pray &c.
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Provincial Court Proceedings, 1661. 517
John Barwell sworne in open Co'* sayth That the land now Thomas libcr
Billingsley lines upon is that land for which John Hall was first ^- ^- ^
entreaty with John James and W°* Toulson and further Sa)rth not
Francis Chalke sworne in open Co'* sa)rth That he was p'sent when
John Hall called John Barwell and bid him take notice that he had
bought the vppermost parte of the land, belonging to John James
and William Toulson which said land lyes next to the land vnto this
depon* Chalke and further sayth not
The ph sueth p[ro]ut in peticon afores^ The def** not appeareing
the pH desires that his subpenaed wittnesses may be examined in open
Co'* which was granted and are aboue written ....
To the hono^** the Gouemor [and Councell] of Maryland .... Bushell v.
one hundred and fifty acres of land vpon the Qiffes in Consideracon \^^^
of fine thousand pounds of tobacco & Caske which yo' pet' has payd
unto the s^ W" Parker
Yo' pef himibly craues yo' honors to Comand the said William
Parker that justly he warrants the said land to yo' peticon' and to
giue him reasonable assurance thereof And he shall pray &c.
The pit desires p[ro]ut in peticon and desires that the Euidences
of John Barwell and Francis Chalke taken in the cause afore goeing
may be made use of in this Cause and further produceth this
receipt (Vizt)
Receiued of Thomas and James Billingsley fine thousand pounds
of tobacco and Caske Anno 1660 for one hundred and fifty acres of
land which I sould th"* lying next to Francis Chalkes I say receiued
by me Signed Will : Parker.
Whereupon the Co'* Considered: Ordered that this Cause be
respitted till the last day of this Court and that then if the said
William Parker appeare not to answere this Suite he being now ready
to departe the Province that the Sherriffe Attache to the valine of fif-
teene hundred pounds of tobacco till the said Will" Parker shall giue
them assurance of the land soe bought as aforesaid or else to shew
good Cause to the Contrary
To the bono"* the Gouemor and Councell of the Prouince of
Maryland
The himible peticon of John Cobreth Administrato' in trust of
John Billingsley Sheweth that Billingsleys heire has noe right or tytle
to the said land
Yo' pet' himibly craues yo' honors to Comand the said William
Parker that justly he warr* the said land and to giue reasonable
assurance thereof And he shall pray &c.
The ph desireth p[ro]ut in peticon and it appeareing to this Co'* by
a coppy of the record beareing date 24*^ June 1652 that the said
p. 1003
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Si8 Provincial Court Proceedings, 1661.
Liber Parker did condiconally convey a certaine Tract of land vpon the
P. c. R. Cliff es condiconally that the said Burbage and Billingsley should
Seate the land pay the Surveyor and retoume unto the def* Parker
soe many rights as amounted to soe much land as was by the said
Parker to the s^ Burbage and Billingsley conveyed, And whereas by
another coppy of the Record dated december lo*** 1652 it Likewise
appeareth to this Co'* that the said Billingsley did Rights for the
said six hundred acres of land unto the said Parker reassigne, and
that the said land is by the said Billingsley seated as is averred.
Ordered that if the said Parker doe not appeare by the Ijist day of
this Co^ to answere this Cause Attachm* to be Granted for two
thousand pounds of tobacco till he doe appeare to answere the s"*
Cause.
Robert neither ph nor def* appeareing the Cause is dismist ....
Kedger ph
Wm Black
deft To the bono"* the Gouemor and Councell of the Province of
P- '*^ Maryland
Martinc V. The humble peticon of Ellinor Mart)m She^sreth That yo' pet"
Marline husband Francis Mart)m haueing purchased two hundred acres of
land to him and his heires for ever dyed intestate, and left issue of
his body foure children The eldest of which entred upon the said
land as heire and dyed issueless bequeatheing the s^ land to certaine
daughters in lawe putting by the right heire of her husband
She therefore in right of her Sonne Lowdowicke Martyn desireth
she may be possessed of the s^ land vntill her said sonne come to
lawf ull age alsoe that she may haue order to enjoye the thirds of that
land during her naturall life and that Patience Martyne may be
outed of itt and pay costs of Suite And she shall pray &c.
An Agreem* made this 8*** day of december 1660 Betwixt Ellen
Martyn Widd and W" Martyn as foUoweth It is agreed upon by
both partyes that W"* Martyn is to haue the 30 f oote tobacco howse,
and all the cleare Ground that George Wilson had quietly to enjoye
itt and that W" is to fence his parte and Ellen Martyn is to fence
her parte, and that noe other shall enjoye the land saue himselfe
during her life alsoe the s** William Martyn is to build himselfe a
dwelling howse at the other end of the Thickett if health permitt
by the next Spring after date hereof. And for truth of this agreem*
wee haue hereunto putt our hands the day and yeare aboue written
Ellen E Martyn
Wittnessed by us ... . her marke
>. 1005 The pk sueth p[ro]ut in peticon Ordered that the pit haue the
thirds of the land which descended from Francis Martyn her hus-
band to W" Martyn her sonne, and that the remaynd*^ with the
reuersion remayne to the children of Patience Martyn according to
the will and that Ellinor Martyn pay Co** charges.
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Provincial Court Proceedings, 1661. 519
The dep'' of German Gillett aged 30 yeares or thereabouts Sayth Liber
That waiter Peake did say that he did owe to J**** Lumbrosa a bill of Limbrozo v.
thirteene hundred and odd pounds of tobacco, and proffered him to Pake
giue him a bill for next yeare, he denyed the offer and since he
denyed itt the said Peake would not proffer the said Lumbrosa the
like againe for he had a Generall discharge for all and further Sayth
not German A Gillett ^
Swome in open Co'* John Gittings Clre. his marke
This Cause is referred to the next Provinciall Co'*
neither pk nor def* appeareing the cause is dismist. Richard
Kadmore v.
Tho:
.... to M' Thomas Griffith of London Merch* in the Sume of ^^^^J^
34** ster. as p his bond appeareth Symon
Now whereas Francis Carpender hath ad*'*^ on the Estate of the ^fj^^^*"
said Richard Hicks yo' pet' humbly desires yo' honors order, and Thos.
that a course may be taken for the said Griffiths sattisfaccdn out of Griffith v.
x* rancis
the Estate And yo' pet' shall pray Carpenter
Knowe all men by theis p'sents that I Thomas Griffith of London ^^^^s ^"
Merch* haue and by theis p'sents doe name make authorize and atty. unto
appoynte my very loving f reind Symon Carpender of Patuxent in the ^a^^f.
Province of Maryland merch* my true and lawf ull Attorney for me lainc
and in my name and to my proper use & behoofe to aske leauy require
recouer and receiue of the Ex" or Administrators of Richard Hicks
late of Patuxent aforesaid Carpenter the Simie of thirty foure
pounds of lawfull moneys of England which is due unto me as by a
certaine bond more at large appeareth Giueing and by theis p'sents
granting tmto my said Attorney my full power and lawfull authority
as concerning the p'misses to doe sue for execute psecute acquitt and
finish all and euery lawfull Acte and Acts whatsoeuer in and about
the p'misses needf ull in as full and ample manner to all intents effects
and purposes as I myselfe might or could doe personally p'sent and
looke whatsoeuer my said Attorney shall lawfully doe or cause to be
done in and aboute the p'misses I promise to rattifye Confirme and
allowe for good by theis p'sents In Wittness whereof I haue here-
unto putt my hand and Scale the 10*'' of October in the yeare of our
Lord God 1660 Tho. Griffith
Signed Sealed and deuliuered in the p'sence of ... .
The ph desires p[ro]ut in peticon, The def* alleadges the bond is p. 1007
voyd ; and there being noe wittnesses p^sent to que the said bond, it
is ordered tW a Non Suite be granted to the def^
The ph not haueing his writtn* ready a non suite is granted to john Ham-
the def* n^ond v.
Anne
Tilney
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S20 Provincial Court Proceedings, 1661.
libcr To the hono^'* the Leiuetenn* General and the rest of the Councell
P C. R*
Vdtch \. The humble peticon of Robert Pe)rton as Attorney to James Ueich
Hammond Sheweth That whereas at a Provinciall Co** held at S* Marys the
25*** day of November last past John Hammond obtayned Judgem*
ag* yo' peticon*^ vpon default of his appearance
Now yo"" pet' himibly craues that yo*" Hono" takeing into Consider-
acon the Tenor of this affid* will vouchsafe to grant a Supersedeas
vpon the said Judgem* And he shall pray &c.
Knowe all men by theis p^'sents that I James Ueich .... riuer doe
constitute ordeine and appoynte .... Attorney in any suite w^** ....
Ueich and J"** [Hammond] shall
p. 1008 Cap* Samson Waring aged 43 yeares or thereabouts swome and
Examined this 26^ dec. 1661 Sayth That comeing to the howse of
Hugh Lee the 25*^ day of November, presently upon the riseing up
of the Co'* James Ueich there meeting with M*" John Hammond he
demand** wherefore he the said John Hammond arrested him The
said John Hammond answered that it was for a bill of Robert
Taylors in James Ueiches hands but since that they were mett to-
gether that they would not trouble the Co** with itt but adjust ace**
betwixt themselues And for the same purpose the said John Ham-
mond chose me this depon* to arbitrate this busines betwixt him and
the said Ueich, and this depon* sayth that the said Hammond prom-
ised to send his ace** within 14 dayes to the said Ueitches howse,
but hath not yett sent them and further sayth not
Jurat coram me Philip Calvert Samson Waring
Vpon the peticon of Robert Peyton Attorney to James Ueich The
def* accknowledges the s^ peticon.
Bushell V. Ordered that the Executors of Coll John Price vizt Thomas Dent,
Dent ct aL Daniell Qocker and George Macckall and William Hatton be Guar-
dians to Anne Price and Joseph Bullett, and a Non Suite is granted
ag* W°* Bushell in all Suites relateing to the p'^misses.
p. 1009 Ordered that M' John Bateman and M*^ Thomas .... and Thomas
A ^ mite M^^^^ff ^^^ hereby impowred to call all persons whatsoeuer to
accompt within that County Concerning the publiq accompts, and
that they be further impowred where they find tobacco not payd to
the SherrifFe for the Leauy and other busines to execute and gett
the same in, as fully as if the Sherriffe had Lived, and that they make
Proclamacon of this the next County Co'*
Re Nicholas Carre swome in open Co'* Sayth That heareing M'
Ashcombe Scapes and M' Ashcombe discoursing touching some tobacco adven-
tured home for England or Holland by the said Ashcombe and
Consigned to James Scapes he heard the said Scapes say that the
tobacco was sould for fifty pounds or thereabouts and further sayth
not
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Provincial Court Proceedings, 1661. 521
EUinor Martyn Thomas Ward, and George Wilson fined 500" of U\m
tobacco a peece that is to say Ellinor Martyn 506** tob: Thomas Ma^ev.
Ward 50C^ tobacco and George Wilson 500" tobacco; for Turning Martinc
Patience Martyn and her Children by force out of her howse
Servants
To the bono"* the Gouemor and Councell
The humble peticon of Barnaby Jackson Sheweth That yo"^ peti- |f^*J*f<^
coner hath brought two Servants unto yo*" honors to adjudge of their "**""" '
age, and assigne them a tyme of Servitude according to Acte of
Assembly and he shall pray
Vpon the peticon of Barnaby Jackson in leiu of his Seru* The Co'*
doth Judge one of his Seruants named Eden Hubert to be fifteene
yeares ould whereupon it is ordered that six yeares
Thursday the 13*^ February 1661 Feb. 13
Present as before together with M*^ Edward LLoyd BilUngslcy
^ -^ V. Parker
This day appeared William Parker to answere the Cause Betweene
him and Thomas Billingsley. The pk Tho : Billingsley alleadgeing
that he bought of William Parker a certaine Tracte of land Contayn-
ing one himdred and fifty acres next to Francis Chalkes land vpon
the ClifFes which the said Parker had bought of John James and
William Toulson desireth warranty of the said land. The said
Parker answered he had payd for land for and on the behalfe of
John Hall his sonne in lawe who had purchased itt of the said John
James and William Toulson, and that he had payd the said James &
Toulson for itt by bill of Exchange, that before letters could come
from England with advice of the paywf of the said bills of Exchange,
the said Hall dyed, and that the Widd of the said Hall daughter to the
said Parker desired him the said Parker to sell the said land for
sattisfaccon of his bills of Exchange, which upon his receipt of
advice of the paym* of the said bills, he accordingly did and trans-
ferred his Right and his daughters in the said land to Thomas
Billingsley which he is ready to accknowledge here in Co"^
Ordered that M*" Parker make warranty of the Land menconed in
the receipt aforesaid
The ph sueth for an assurance of land sould by the def* to the ph John
whereupon the pit pduced a Bill of Sale which is as followeth vizt wm^^Rirkcr
Whereas W°* Parker of Seueme in the County of Anne Arrundell
planter is possessed of Eight hundred acres of land vpon the Qiffes
adjoyning to the land of Richard Bennett Esq"" North west Now
knowe yee that I the s** South Easte side of the said devident the p. ion
said Burbage and Billingsley doe oblige their selues to seate the said
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522 Provincial Court Proceedings, 1661.
Liber Charge of the Survey, and in Consideracon to giue the said Parker
P. C R. Rights for the said six hundred acres of land, and what other Con-
sideracon shall be allowed to the s** Parker by the said Burbage and
Billingsley as by the Testimony of M*^ Thomas Marsh shall appeare
under his hand In Wittness of the truth doe hereunto sett our hands
and Seales the 24*** June 1652
W"* Parker Tho. Burbage John Billingsley
Wittness Robert Vaughan Philip Connor
Fol 62 de anno 1652 True coppy Philip Calvert
Robert Vaughan tooke his oathe to the truth of this bill of Sale
in open Co'* John Gittings Ore :
February And Cap* Robert Vaughan haveing swome in open Courte to the
13th 1661 ^^^ thereof. The Judgem* of the board is that it is a sufficient
Assurance according to Condicon vntill they be disturbed by the def*
Then came the Grand Jury and p'sented theis following Indictm**
(vizt)
Attorney Indictm* ag* Robert Stack and W" Southerly for Disturbing the
S^TrtaY Minister in divine Service ....
p. 1012
Attorney Indictment ag* Thomas Courtney Vincent Atcheson Thomas
^u^^ Wright and Edmund Basey for felloniously Killing Hoggs
et af.
Attorney Indictm* ag* Penelope Hall of Snowe Hill Manno*^ for haueing a
^-fiji Bastard
Then was called for a Petty Jury
John Hammond
Henry Hyde
Peter Corwardine
William Harper
Jo
Stanup Roberts '
William Palmer
Robert Jones
Francis Hill
in Hammond Foreman
German Gyllett
Christopher Goodard
Thomas Innis
John Wayhope
Attorney Then was read the Indictm* of Robert Stack in his verbis
^^^^ck '^^^ Jurors for the Lord Proprietary doth p'sent Rob* Stack and
William Southerby, That whereas the said Robert and William did
on the 19*** day of January last at the howse of Robert Jo)mer of
New Towne Hund^ in the County of S* Marsrs came and then and
there did maliciously and purposely the minister and people there
mett together to heare diuine Service disturbe and disquiett And
further the said Robert Stack did on the 26*^ day of the same moneth
att the Church at the head of the Cross Creeke in the County afore-
said the Minister and people then and there also mett together to the
intent aforesaid in like manner maliciously and purposely disturbe
and disquiett contrary to the Statute in that case provided and ag*
the peace of the Lord Prop'^ his rule and Gouemm*
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Provincial Court Proceedings, 1661. 523
And being asked whether he was guilty or not guilty he answered Liber
not guilty ^- ^* ^
The said Stack being asked how he would be tryed answered by
the Co**
The said Stack haueing contest the Indictm^ as to the disturbance p. 1013
of the Minister of the Church .... and finde Suretyes for his good
behauiour
Then was read the Indictm* of Joseph Edlowe in his verbis &c. Attorney
The Jurors for the Lord Proprietary doth p^sent Joseph Edlowe of gdlow ^ ^*
S* Hieromes in the County of S^ Marsrs Planter, That whereas the
said Joseph Edlowe sometyme in May last, hunting in S* Hieromes
Manno' a certaine unmarked bull aboute a yeare ould or vpwards w*^
a Gun loaded with Shott which he carryed in his hand and discharge-
ing the same at the s^ Bull did then and there unlawfully kill and
carry away converting the same to his owne use ag* the lawe or
Statute of this Province in thzji case provided and ag* the peace of
the Lord Prop'^^ and his Gouemm* To which he pleaded not Guilty
Then was read the Indictm* of Thomas Courtney in his verbis Attorney
The Jurors for the Lord Proprietary doth p'sent Thomas Courtney CourScy^
in the Cotmty of S^ Marys Planter Vincent Atchison of S* Innagos ct al.
Hundred in the County aforesaid Planter Thomas Wright at Snowe
hill in the same County Planter, and Edmund Basey of S* Innagos
Hundred and County aforesaid to Walter Waterlyn Seruant, That
whereas the said Thomas Courtney Vincent Atcheson Thomas
Wright and Edmtmd Basey Sometyme in January last with doggs
and Guns in his Lo^* Forrest and other Lands of the Neighbourhood
did hunte and then and there certaine marked hoggs of the Neigh-
bourhood did kill, And after Killing some of the said hoggs did un-
lawfully mismarke by Cutting and mangling the eares of the same,
by which meanes the Right Ownors were debarred of clayming that
was their owne, ag* the lawe of this Province in that Case proudided
and ag* the peace of the Lord Proprietary his rule and Gouemm*
.... said Thomas Courtney pleaded not [guilty] .... Whereupon p. 1014
It is ordered that the said Courtney Pay to the Ownor of the Hoggs
who is Cap* Will" Boreman the Sume of six hundred pounds of
tobacco To the Informer two hundred pounds of tobacco and to the
Lord Proprietary for a Fine three hundred pounds of tobacco
Then was read the Indictm* of William Seely in his verbis &c. Attorney
The Jurors for the Lord Proprietary doe p'sent William Seely of s^j^*^*' ^*
S* Hieromes in the County of S* Marys Planter That Whereas the
said William Seely being lawfully sumoned and warned to attend
on the Guard on the 14*^ day of February anno 1660 by his Leiuet*
Marks Pheypo vpon most urgent occasions both for the safety of the
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524 Provincial Court Proceedings, 1661.
Liber Gouernor and Councell and publiq* peace of this Province Yett
P. C R. notwithstanding the said William S^y did the 18*** day of the same
moneth mutinously and felloniously run away from of the said
Guard and from his said Leiuetenn^ contrary to the forme of diuers
Statutes in that case made and prouided and ag* the peace of the
Lord Proprietary his rule and Gouemm*
Attorney Then was read the Indictm* of Thomas Ward in his verbis &c
^^^wLrd ^^^ Jurors for the Lord Proprietary doe p'sent Thomas Ward at
S* Hieromes in the County of S* Marys Planter that whereas the
said Thomas Ward being lawfully warned to attend on the Guard
on the 14*** day of February anno 1660 by his Leiutenn* Marks
Pheypo upon most urgent occasions both for the safety of the Gou-
ernor & Councell and peace of this Province Yett notwithstanding
the said Thomas Ward did on the 15*^ day of the same moneth fel-
loniously run away from off the Guard and from his said Leiuetenn^
leaueing his Armes behinde him Contrary to the forme of diuers
Statutes in that case made and provided and ag* the ....
p. lois The Jury retoumed and brought in their uerdict William Seely
Guilty Thomas Ward not Guilty
Attorney Then was p^sented the peticon of William Seely (vizt)
Seclcy To the hono^'* the Gouernor and Cotmcell of Maryland
The humble peticon of William Seely Sheweth That yo' pet*^ hath
been convicted this Courte for departure from service and certaine
words scattred from him which passes as mutinous
He humbly accknowledges his faulte and ignorance & dedareth
that his misusage was very greate which caused him (not capable of
the danger thereof) to breake into some passionate expressions never
intending nor Knoweing what belonged to a mutiny and promiseth
euer to be warned not to neglect or refuse any future Service and
Comand And prayeth with all Contricon and hearty sorrow that yo*^
honors will be pleased to mittigate the Seuerity and Strictnes of such
punishm** as are by lawe prouided ag* such offences and that his
ignorance and penitency may be by yo*^ Honors taken notice of And
he shall pray &c.
Vpon the peticon abouesaid It is ordered that W" Seely be par-
doned
Attorney Came M"^ Attorney Generall before the Grand jury & informes
General v. them of a certaine weoman seru* th* liued aboute two yeares since
with M*^ Henry Coursey who had a Bastard whilst she liued there her
name the Informer knoweth not, nor what is become of the Child
nor the woman & the L** Prop*^ comands an accompt of both of
them
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Provincial Court Proceedings, 1661. 525
The Jurors for the Lord Proprietary doth p'sent James Gaylourd Libcr
that yesterday being the 12*^ of this instant .... February did inor- Jitorn^
dinately misbehaue himselfe .... and drinking and .... The afore- General v.
said James Galourd being Comitted into the Sherr. Custody ; till he ^^^^
was againe called for ; the Sherriffe being called to bring him before
the board againe, answered he was gone, Whereupon It is ordered
that the Sherriffe aforesaid be fined one hundred pounds of tobacco.
To the Right hono^** the Gouemor and Councell of the Prouince
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5^6 Provincial Court Proceedings, 1661.
^ ^ In speciall giueing unto the aforesaid Joseph Swett my lawful! At-
1018 tomey, full power to arrest impleade imprison, and as he shall see
cause out of prison to deliuer, and upon receipt of any or all my due
to signe and scale accquittance or accquittances in my name and be-
halfe, Alsoe to make and appoynte under him other Attorneys as he
shall see cause, to acte in the p'^misses and them againe to discharge,
and what euer my said Attorney he or they shall lawfully doe or
cause to be done concerning the p^misses, I the said Fobby Roberts
doe by theis p'sents rattifye confirme and allowe to stand good in as
firme and ample manner as I my selfe might or could doe were I
there personally p'^sent In wittness whereof I haue hereunto sett my
hand and Scale this 12^ day of February 1661 Fobby Roberts
Signed sealed and deliuered in the p'sence of us Samuel Jewell
John Thwing
The Co'* ajoumed till 9 of the clock in the morning
*>. 14 Fryday the 14*** of February
Present All
mfin^ Vpon the Complaynt of Henry Coursey Esq*^ ag* Thomas Manning
gent, that in the Co'* by the fyre side the said Manning sayd the
said Coursey was forswome The said Henry Coursey desireth M
Parker to be examined in the busines The said W™ Parker being
duely swome in open Co'* sayth That he did heare M' Manning say
that the said Coursey was Forswome, but whether he sayd he would
proue h or not he remembreth not
nnuig
r
?. 1019 Then was called before the board Cap* Robert Vaughan to an-
era? v^ swere unto a contempt ag* his Lo^* Gouemm* whoe being sorry for
^ughan the same Ordered that he be f orgiuen
torncy Then was called before the board Christopher Russell
luMcU Ordered that the said Russell finde security for his good be-
hauioiu-, and appearance to answere the next Co'*
tomey Ordered that John Euerett pay the Sherriffes and Clarks fees and
5^*^ !: be dismist
Lverett ^^ v**^'**"^*'
To the hono^'* the Gouemo' and Councell of the Province of
Maryland
•ale V. The humble peticon of James Neale Sheweth Whereas yo' pet'
'^P^"" contracted with John Tompkinson to build him a howse of 25 foote
long with two outside Chimneyes w*^** the said Tompkinson did prom-
ise and oblige himself e to build sufficient and to be really worth one
thousand pounds of tobacco for which yo' pet' gaue him bills for the
said valine before the howse was built confideing in his honesty to
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Provincial Court Proceedings, 1661. 527
performe and more gaue him one paire of Shoes and Stockins which Liber
cost 50** tobacco to sett vp two Bedsteeds but the said Tompkinson ^' ^' ^
perceiueing himselfe sattisfyed hath soe slighted his worke that the
house is not worth J parte of the vallue, and the bedsteeds not worth
anything alsoe hath consumed aboue 8 thousand of nayles, and the
building might haue been done with less than halfe the Quantity
The p'misses considered yo*^ pef craueth order of this Co'* that
the said Tompkinson may make yo*^ pet*^ sattisfaccdn for his damage
and losse or build him a sufficient howse worth the said vallue and
pay for the Nayles that he unnecessarily wasted and yo*^ pef shall
pray &c.
John Balch swome in open Co'* Sayth That when Tompkinson p. 1020
was driueing in Nayles into the howse if they did bowe or turne he
would pull them out and throwe them away and further sa)rth not
Henry Neale swome in open Co'* sayth That John Tompkinson
Carpenter in building a howse did fling away Nayles on the Ground
saying ther was worke for me to pick them up, and sayd he cared not
if the howse was a fyre when he had done and further sa)rth not
To the hono^^ the Gouemor and Councell of the Prouince of Phcypo v.
Maryland t ^^°^
The himible peticon of Marks Pheypo Sheweth That y' pet' hath
been left overseer of Adrige Potter the daught' of Henry Potter
deceased and hath been intrusted with his will to his daughter Adrige
Potter therefore he desires that the said Adrige Potter may be putt
into yo' pef* posson with all the Estate her father left her. And yo'
pet' shall pray.
Ordered that Elizabeth Greene appeare at the next Provinciall Co'*
to make answere to the peticon abouesaid.
To the bono"* Charles Caluert Esq' and the rest of the Cotmcell
The humble peticon of Marmaduke Snowe Sheweth That whereas Snow v.
Thomas Gerrard Esq' standeth indebted vnto Abell Snowe yo' pef* Gcrrard
brother the Stmie of one hundred ninety seauen pounds one shilling
and nine pence of good and lawfidl money of England as alsoe the
full & iust Sume of thirty fiue thousand poimds of good and mer-
chantable tobacco and caske, as by seuerall deeds under the said Ger-
rards hand and Scale sufficiently doth appeare And whereas the said
Abell Snowe
The p'misses Considered yo' pet' humbly craueth order for the said p- ^021
Sumes of money and tobacco with forbearance & Costs of suite And
yo' pet' shall pray &c.
Vpon the peticon abouesaid It is ordered that the SherrifFe bring
the body of Thomas Gerrard to the next Provinciall Co** or take
security to the vallue of the accon, and stand to the awarde of the Co'*
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528 Provincial Court Proceedings, 1661.
Liber The Jurors for the Lord Proprietary doth p'^sent Robert Holte of
Att^wy Greenes Poynte in S* Georges Hundred in the County of S* Marsrs
General v. Cooper whoe being form^y p'sented for marrsring one Christean
Holtetal Bonnefeild (his owne lawfull wife Dorothy being still liueing) and
being graciously pardoned for that offence att that tyme yett still
the said Robert Holte not haueing the feare of God before his eyes
doth still cohabite and incontinantly Hue with the said Christean
Bonnefeild Contrary to the forme of the Statute in that case pro-
vided and ag* the peace of the Lord Prop" his rule and Gouemm*
Attorney The Jurors for the Lord Prop*^ doth p^'sent Penelope Hall of
^^^"^HaB Snowe hill Manno' and in the County of S^ Marys Planter, Seruant
That the said Penelope haueing had camall knowledge with some
person or other of evell behauiour was sometjrme in December last
brought to bed of a Bastard child to the euell example of others r
the forme of the lawe or statute in that case provided and ag* the
peace of the Lord Prop*^ his rule and Gouemm*
p. 1022 To the hono^** the Gouemor and Councell of the Prouince of
Maryland
Hammond The humble peticon of John Hammond Sheweth That yo*^ pet"
V. Lord ^j£g ^^ ^jjg perswasion of Cap* William Mitchell and Richard Hos-
keys did confess a Judgem* As Attorney ag* yo' pet" estate for six
thousand potmds of Tobacco ( for what Cause he knoweth not) to
one John LLord a person altogether vnknowne unto him and by
which Judgem* he is lyable to be molested if not p'vented
He htmibly prayeth that this peticon with the oathe hereto annexed
may be Entred upon Record as a Barre in case of any molestacon
for the same.
Alsoe he doth hereby signifye that for this and other reasons he
doth hereby recall make uoyd and null all power of Attorneyship
granted to her, and by her deriued to any other person or persons
whatsoeuer which he likewise prayeth may be Entred And he shall
pray
Walter Pake aged fifty three yeares or thereabouts swome and
Examined in open Co'* the 12*^ of November 1661 Sayth That after
the departure of John Hamond out of this Province he was p'sent at
a Co** houlden at Patuxent (William Fuller then ruleing the Cotmtry
as Gouemor) where M" Hamond one John Lord Cap* Mitchell and
Richard Hoskeys were Conferring together. There they perswaded
the said M" Hamond to Signe a bill to the said Lord for six thousand
pounds of tobacco, and desired him this depon* to Wittness itt, which
with much perswasions of the said partyes, he did, but would haue
had the said Mitchell to haue wittnessed itt likewise who refused,
repl)ring I cannot wittness such a date because it is knowne I was not
in the Country, the same replyed the said Hoskins, This depon*
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Provincial Court Proceedings, 1661. 529
further sayth that he reproued and disswaded .... reason .... a Liber
Judgem^ that Co'* for that six thousand pounds of tobacco menconed f* • ^^^
in that bill as Attorney of her husband but with laying the matter
very hard to the said M" Hammond how she had injured her selfe
and husband in what was done, she tooke a noate from the said Lord
and vnder his hand which he this depon* wittnessed, but hath for-
gotten whether it was a bond or Release of the said Judgem* And
further he Sayth that the aforesaid bill although that day made
Judgem* was accknowledged, bore a date long before that t)rme and Adjourn-
further sayth not. ^^Jt^^
The next Co'* is appoynted the first Tewsday in Jtme next.
Margarett Ward recordeth her marke of Cattle (vizt) two Heifers Cattle Mark
on the left eare the Flower de Luce and cropt on the right with a ^^^^^^^
Nick under the Crop, and EUinor Martjm the mother of the said
Margarett giues the said two Heifers unto the s** Margarett Ward;
and her Children for euer, if she dyes without children then all the
female Cattle that comes from those two Heifers are to be deuided
into three parts the one parte to Tho. Ward the s^ Margaretts hus-
band the other parte to Lodewick Martyn, and the other parte to
Peter Wilson
John Little demands a writt to arrest James Jolly in an accon of Mardi 17*
, i ^ ^ -" 1661/2
detamacon Little v.
idem dem^ a writt to arrest James Jolly in an accon .... J^^^y
James Jolly dem^ a writt to arrest John Little in an acc5n of p. 1024
def amacon J?^^ ^•
Idem dem" Subpa ad testificand Samson Warren and Griflfyn
George
Warr* & Subpa mde to the Sherriffe of Calvert County ret. ist
day of the next Co'*
Dauid Holte demands a writt to arrest Christean Bonnefeild in an Holt v.
accon of Assaulte and Battery. Bonnefield
Warr* mde to the Sherriffe of S* Marys County to arrest &c ret
ut supra
Knowe all men by theis p'sents that Nathaniell Utye of Spesutia Utye's
in the Province of Maryland haue by theis p'sents nominated Con- Attomw^
stituted and appoynted my loueing freind Henry Coursey of Lords
Guifte in the aforesaid Province Merch* my true and lawfull At-
torney to bargaine sell and for euer Convey away All that parcell of
land knowne by the name of Mattapenny in Patuxent Riuer now in
the posson of M' Richard Collett and Contayning seaven hund^ and
fifty acres more or less To any person or persons whatsoeuer for the
34
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S30 Provincial Court Proceedings, 1661.
Liber Sume or Quantity of fifteene or foureteene thousand pounds of
P. C R. tobacco or one hundred and twenty potmds Sterling to which said
Sume of tobacco or money alwayes to be and belong to me the said
Nathaniell Vtye my heires Executors or Administrators And what
my said Attorney shall doe or lawfully cause to be done I doe by
theis p'sents oblige my selfe my heires Executo" and Administrators
to rattifye confirme and allowe as Wittnes my hand this 25^ Jan-
uary 1661 Nath: Utye
In the p^'sence of Henry Stockett Jos : Wickes.
5t Aprill Marmaduke Snowe demands a writt to arrest Thomas Gerrard in
1^ an accon of the case to the valine of thirty fine thousand pounds of
Gcnard tobacco and foureteene hundred pounds sterl.
Warr* mde to the Sher[riff]
p. I02S jdem dem^ Subpa ad testificand Rob* Qarke and James Neale to
testefye &c
Subpa mde to the Sherriffe of S* Marys County ret (ut supra)
Simpson v. Thomas Simpson demands a writt to arrest Francis Batchelor in
Batchelor an accon of the Case
warr* mde.
ReGcrrard Knowe all men by theis p'^sents that I Thomas Gerrard of S*
Clements in the County of S* Marys gent haue remised released, and
for ever quitt Qa)rmed, and by theis p^'sents doe for me my Execu-
tors Administrators and every of us Clearely and absolutely Remise
release & for euer quitt Qayme The Right hono^'* Caecilius Lord
Baltemore Lord and Proprietary of this Province of Maryland his
Executors and Assigns all and all manner of debts, dues. Bonds
bills Obligatory Reckonings Accompts and demands whatsoeuer
which ag* the said Caecilius Lord Baltemore ever I haue had may
haue or which I my Executors or Administrato" or any of vs att
any t)rme hereafter shall or may haue for or by reason or meanes of
any matter Cause or thing whatsoeuer from the banning of the
world tmtill the day or date of these p'sents either within or without
this Province Wittness my hand & Seale this Eleauenth day of
Aprill in the yeare of our Lord 1662 Tho : Gerard
Signed Sealed and deliuered in the p'sence of us Dan Jenifer
Marmaduke Simme
Ncalc V. Cap* James Neale dem*** a writt to arrest John Thompkinson ate
Thompkin- Cheshire in an accon of the case
son
Warr* mde to the SherrifFs of S* Marys or Calvert Countys to
arrest &c.
Courscy V. Henry Coursey Esq' demands a writt to arrest Cap* [Thomas]
Manning Manning in an accon of defamacon to the ... . pounds of tobacco
.... Calvert County to arrest
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Provincial Court Proceedings, 1661. 53
This day came M*^ William Bretton and desired the ensueing to I
recorded (vizt)
Ad perpetuam rei memoriam
Forasmuch as divers good and Zealous Roman Catholick Inhabi
ants of New Towne and S* Clements Bay haue unanimously agree
amongst themselues to erect and build a Church or Chappell wheth<
they may repayre on Sundays and other Holy dayes appoynted ar
Comanded by holy Church to serue Almighty God and heare divii
Service, And the most Convenient place for that purpose desired ar
pitcht upon by them all, is on a certaine parcell of the Land belongir
to William Bretton Gent Now Knowe yee that I William Bretton (
Little Bretton in the County of S^ Marys in the Province of Marylar
gent, with the hearty good Hkeing of my dearely beloued wife Ter
perance Bretton, To the greater bono' and Glory of Almighty Gc
the euer immaculat Virgin Mary and all Saints haue given and d<
hereby freely & for euer give to the behoofe of the said Romi
Catholick Inhabitants and their Posterity or Successors Romj
Catholicks soe much land as they shall build the said Church or Cha
pell on which for their better Convenience they may frequent
serue Almighty God and heare divine Service as aforesaid with su<
other land adjoyning to the said Church or Chappel conveniei
Likewise for a Church yard wherein to bury their dead Conteynir
ab* one acre and halfe of Ground Scituate and lying on a devident <
land called Brettons Out Lett, and on the Easte side of the sa
devident neere to the head of a Creeke called S* Williams Creel
which falleth into S* Nicholas Creeke and neare unto the narrowe
place of the freehould of Little Brittaine
Tenth day of November Anno domini 1661 W°* Bretton Ter
perance Bretton
Delivered and Signed and Sealed in the p'sence of W*" Euai
James Thompson Luke Gardnor Robert Cole
Memorandimi that this 6*^ day of May Came Marmaduke Snov
and in the p'^sence of Philip Calvert Esq' Chancellor of this Provin<
did deliuer vnto Cap^ James Neale certaine papers in trust to 1
pduced againe by the said Neale att what tyme soeuer the sa
Snowe shall demand them; vizt. A paper Endorsed 19*** June 164
A Recognizance accknowledged before the Lord Baltemore I
Thomas Gerrard to Abell Snowe of the penalty of 1000* anoth
endorsed 19 June 1640, A Coppy of a Recognizance certefyed I
M"" Robert Helway to be upon record by Thomas Gerrard to Ab<
Snowe of the penalty of 1000* another endorsed 27^ June 1642
Coppy of a deed of gift made by Abell Snowe to Edith Snowe <
35000^ Tobacco 194** in money due by Thomas Gerrard to Ab<
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532 Provincial Court Proceedings, 1661.
Liber Snowe another Endorsed ist June 1649, Coppy of a deed made by
P. C R. E^^ Snowe to Marmaduke Snowe, another Endorsed 19® June
1640 Coppy of a deed of M*^ Thomas Gerrard to M*^ Abell Snowe
com. his Estate in Maryland another endorsed 5*^ October 1640
Coppy of an Ace** Betweene M*^ Gerrard and M' Abell Snowe another
Endorsed 19 June 16 Car. Anno dmni 1640 A Coppy of a Defea-
zance vpon 2 Recognizances.
May i^ Henry Heylyn Attorney of Thomas W)mn dem*** a writt to arrest
jiJS^^ Vincent Atcheson in an accon of debt to the valine of 60^ of Beaver
Warr* mde to the Sherriff of S* Marys County
Re Blade W" Black dem*** Subpa to Sumons Daniell Grymes .... Francis
Cole, Edward Chiddn, Thomas Francis Fisher to ... . Kedger.
Tayior^ Sarah Taylor demands a writt to arrest Thomas Courtney in an
Cotutnor accon of defamacon to the valine of 10006** Tobacco
Warr* mde to the Sherr: of S* Marys County to arrest &c ret
ut supra
THoe^ V. Anne Tilney dem*^ a writt to arrest Vincent Atcheson in an acc5n
Atchison of debt
Warr* mde to the Sherr of S* Marys County to arrest &c
Abington v. John Abington dem*** a writt to arrest Vincent Atcheson in an
Atchison accon of debt
Warr* mde to the Sherr. of S* Mar3rs Coimty &c
Bushen V. William Bushell dem*** a writt to arrest Daniell Qocker George
^^ Macckall, and W™ Hatton Executors to Coll Price in an accon of
the case
Warr* mde to the Constable,
Gerrard v. Thomas Gerrard dem*** a writt to arrest George Renolds in an
^^^^^^ accon of debt
Warr* mde to the Sherriff of S* Marys County
Lcc V. Hannah Lee demands a writt to arrest Vincent Atcheson in an
Atdiison ^^^^ Qf ^^ Case
Warr* mde to the Sherriff of S* Marys County &c
RcNuttall John Nuttall demands a Subpa, to Sumons Humphry Warren
and Vincent Atcheson Subpa mde
Snow Memorandum this 3* day of June came Marmaduke Snowe and
V. Gerrard j^n^anded those severall papers deliuered to Cap* James Neale, on
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Provincial Court Proceedings, 1661. 533
the 6*** of May last, which the said Neale hath deliuered in 00** and Liber
the said Mamiaduke Snowe doth accknowledge they are the same ^' ^' ^
papers.
This day came M"* John Abington Attorney to Cap* Tho : Com- May 20th
waUisand desires the. . . . That Capt. . . . Comwalcys
At a Provincial! Co*^ held att S* Marys on Tewsday the 3* of p. 1029
June 1662 J"°^3
Present Charles Calvert Esq*^ Leiutenn* Generall Philip Calvert
Esq"^ deputy Leiutenn* and Chancellor Henry Sewall Esq*" Sec^ Baker
Brooke Cap* James Neale and Robert Qarke Esq" Councellors.
Was read this following paper (vizt) Snow
Caecilius by the Grant of our Soveraigne Lord Charles &c Ab-
solute Lord and Proprietary of the Provinces of Maryland and
Avalon in the parts of America Lord Barron of Baltemore &c
To all persons to whome theis p^'sents shall come Greeting, Knowe
yee that wee for and in consideraco of the good and Laudable Ser-
vices and endeavors of Abell Snowe of Cursitars office in Chancery
Lane London gent, for the planting of our Province of Maryland
And to the End the said Abell and his heires may be enabled here-
after to doe imto us and our heires fa3rthfull and acceptable service
within our said Province haue therefore of and with the advice of
our Deare Brother Leonard Calvert Esq"* and according to the tenor
and Effect of our letters imder our hand and Scale beareing date att
London in the Realme of England the Eigth day of October 1640
and Enrolled by our Secretary of our said Province given granted
enfeoffed and Confirmed vnto the said Abell Snowe all that pcell of
land lying Betweene S* Johns Freehould and S* Marys Bay on the
South and including the whole Freehould of Nathaniell Pope Saint
Georges river on the west, the pathway leadeing from Popes Free
hould aforesaid vnto Mattapanient (alias Concepcon Mannor) on
the East and the free hould of Porke-hall, and a line drawne thence
due Easte through the woods vntill it Intersect the Path way afore-
said on the North contayning by Estimacon and now sett forth for
one thousand acres of land, be itt more or less And all woods Quarrs,
M3mes (royall Mynes excepted waters rQyall fishes, fishings fishing
places, Advowsons and patronages of Churches Wrecks libty ....
Hunting and hawking for any sorte of game whatsoeuer .... Com-
odityes advantages Emolum** and .... or any parte thereof To ... .
the said Abell Snowe .... and our heires as of ... . Fealty ....
Receipt two Barrells of good wheate or twenty shillings in money p. 1030
sterling, att the feaste of our Lords nativity, And wee doe by theis
p'sents will and app03mte that the said parcell of land shall from
henceforth for ever be one intire Mannor and be called by the name
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534 Provincial Court Proceedings, 1661.
Liber of the Manno'' of Snowe hill, And wee doe grant vnto the said Abell
C. R. Snowe and his heires that he or they for ever hereafter shall and
may haue hould vse and Enjoye witfiin the said Manno"* a Courte
Leete and Court Barron with all things therevnto belonging accord-
ing to the most vsuall forme and Custome of England. Given vnder
our greate Scale of our said Province att S* Marys this 12*** day of
February in the yeare of our lord 1640 Wittnes our said Deare
Brother &c. Leonard Calvert
I Marmaduke Snowe of Ferny hill in the County of Stafford gent,
doe this thirteenth day of September 1659 Surrender to the Right
Hono"* Qecilius Lord Barron of Baltemore Lord and Proprietary
of Maryland, All my right tytle and interest to this Pattent or Grant
of Snowe hill in Maryland, and all the land and aptiices therein men-
coned together with the Grant and Pattent itt selfe.
Marmaduke Snowe
Surrendred and subscribed in the p''sence of us Ph : Damall Jo :
Langf ord Cecill Langford Tho. Chamly Rich. Burke
John Langford and Caecill Langford of London gent, doe make
oathe that this is a true Coppy of a Grant or Pattent beareing date
the tweluth day of February 1640 and that they did see Marmaduke
Snowe of ferny hill in the County of Stafford gent, surrender and
deliuer vp the Originall grant or Pattent to the Right bono**** Caecill
Lord Baltemore and that both these depon** names subscribed as
wittnesses to the said Surrender are their owne pper hand wrytings
and that this is a true [copy] thereof
p. 1031 Swome by the 15*** day
And Marmaduke Snowe being demanded by the Co'* whether
the afore recited Surrender was made by him or not Answered itt
was.
Sheriff's Then the Sherriff of S* Marys County returned all his writts
Returns Executed, only George Reynolds (non est Inventus) The Sherriff
of Calvert County all executed
Ncale V. Knowe all men by theis p'sents that I John Thompkinson carpinter
^^""^son ^^ Charles County doe hereby authorise my loving freind John
Wheeler Planter of the said County doe Constitute and ordeine my
law full Attorney to craue A Refference for me till the next Pro''^
Co'* as Wittnes my hand 29*** May 1661
Testes Thomas Robinson Henry Francktmi t
John Tompkinson his
marke
Ordered that the Sherriff haue another warr* ag* Tompkinson ; and
th* he take security of the said Tompkinson to appeare att the next
Provinciall Co'* and stand to the Award of the Co'*
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Provincial Court Proceedings, 1661. 535
The ph sues for nine hundred pounds of tobacco, due by specialty Libcr
from the def* which specialty is as foUoweth. QipMwnes
This bill bindeth me Vincent Atcheson my heires Ex" and Assigns Ncalc
to pay or cause to be payd unto Dauid Abercromby his heires Exec- Da^d ^
utors or Assigns the Sume of nine hundred pounds of good bright Abercromby
and large sound Maryland able new Tobacco, and Caske of this Vincent
p^'sent Cropp and that to be payd Betwixt the date of this Bill and Atcheson
the last .... next comeing, or att any other Tearme or ... . where
itt shall happen the said Dauid .... the same In Wittness of ... .
this 16*** day of Aug .... Atcheson
To the bono"® the Grouemor and Councell of the Prouince of p. 1032
Maryland
The humble peticon of John Abington Attorney of Thomas Corn- Comwaleys
wallis Esq*" Humbly sheweth That Vincent Atcheson doth owe unto ^' Atchison
the said Thomas Comwallis fifteene pounds and a halfe of Beauer
three hundred and thirty pounds of Tobacco and Caske by noate and
forty six pounds of Beauer upon Ace**
Yo*" pet" humble request is that he may haue an order of this
hono**^* Co'* for his debt with charge of Suite and damage of non
payment And he shall pray &c.
Accounted with Thomas Comwallis the day aboues* and I ace- May the
knowledge my selfe Debtor to him fifteene pounds and a halfe of ^^ 1^
good well furred wynter Beaver in Season, and f oure hundred thirty
six pounds of good sound Leafe Tobacco according to the Act of As-
sembly w*^ Caske Wittnes my hand Vincent Atcheson
Wittnes John Abington
Rec^ in parte of this bill 106** of tobacco Feb. 3^ 1661
The pit sues p[ro]ut in pet : The def* Confesses a Judgem* for the
aboue menconed Sumes.
To the bono"* the Leiutenn* Generall & Councell of Maryland
The humble peticon of [Thomas Wsmne] Sheweth .... other Wynne v.
furrs as he the said Wynn should approue off and alsoe one hundred ^*^!??"
and Eight muske ratt skins to be payd vpon all demand after the
date of the said bill as by the said bill (relacon being thereunto had)
att large appeareth Yett now soe itt is may itt please yo*" honors that
yo*" pef haueing twice demanded the said debt of the said Uincent
he utterly refused to sattisfye the same contrary to lawe and Equity,
Yo' pef therefore humbly craues Judgem* vpon the said bill and he as
in duty bound shall ever &c.
Knowe all men by theis p^'sents that I Thomas Wynn haue assigned
and ordeined and made, and in my stead & place by theis p^'sents
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536 Provincial Court Proceedings, 1661.
Liber G)nstituted my trusty and welbeloued freind Henry Heylyn of S*
P. C. K. ^arys in the Province of Maryland gent, to be my true and lawf ull
Attorney for me and in my name, and to my vse, to aske sue for,
Leauy recouer require and receive all and every such debts & sumes
of money as are now due vnto me, or which att any day or dayes
tyme or tymes hereafter shall be done, oweing belonging or apper-
tayning vnto me by any manner of wayes or meanes whatsoeuer
from any -pson or -psons whatsoeuer Giuing and Granting vnto my
said Attorney by theis p'^sents, my full & whole power and authority
in and aboute the p^'misses, and upon the receipt of any such debts
and Somes of money aforesaid accquittances or other Discharges for
me and in my name, to make scale & deliuer and all and every other
Act and Acts thing or things device or devices in the lawe what-
soeuer needfull or necessary to be done in or aboute the p'^misses for
the Recouery of all or any such debts or sumes of money as aforesaid
for me and in my name to make Scale and deliuer and all and every
other Act and Acts thing or things device or devices in the lawe what-
soeuer needfull or necessary to be done in or aboute the p^misses for
the Recouery of all or any such debts or Sumes of moneys as afores*
for me and in my name to doe execute & performe as fully largely
and amply in every respect to all intents Construccons and purposes
as I my selfe might or could doe if I were -psonally p'sent, Ratti-
fying allowing and houlding firme and stabell all & every such
Act thing or things device or devices in the lawe amply as I
my selfe .... Wittnes my hand this ....
p. 1034 This Bill bindeth me Vincent Atcheson my hdres Executors Ad-
ministrators and Assigns to pay or cause to be well and truly payd
unto Thomas W)mne his heires Executors or Assigns the full and
just Sume of thirty fine pounds of good wjmter Beauer Killed in
Season, and the valine of twelue poimds of the like Conditioned
Beauer in other f urrs to the likeing of the said Thomas W)mne and
one hundred and Eight muske Ratts Sk5mns to be payd upon all
demands after the date hereof as Wittnes my hand this 5*** of Decem-
ber 166 1 Vincent Atcheson
Wittness Nicholas Gwyther John Rasmolds.
Ordered that the pit haue judgm* ag* the def* for the whole sumes
in the peticon menconed unles the def* within tenn dayes doe proue
before the Leiutenn* Generall that he hath sattisfyed foure potmds
thereof
To the bono"* the Gouemor and Councell of the Prouince of
Maryland
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Provincial Court Proceedings, 1661. 537
The humble peticon of John Abington Attorney of M" Anne ^bcr
Tilney Humbly sheweth That Vincent Atcheson doth owe unto the y^^ne Tilney
said Anne Tilney Twenty seaven pounds of Beauer and six hundred ^her
sixty five pounds of tobacco & Caske by bills John
Yor pet" humble request is that he may haue an order of this vin!^t" ^*
hono^^* Co** for his debt with forbearance and Charge of suite ^*iS|r°
hundred Seaventy and Seaven pounds of good sound large and bright
tobacco and Caske without Groimd Leaues or Seconds all of my
owne Cropp Att or before the tenth day of November next Ensueing
the date hereof As Wittnes my hand this 12*'' October 1660
Vincent Atcheson
Wittness John Abington The marke of X Edward West.
Rec^ in parte of this bill Eight himdred and twelue pounds of
Neate Tobacco
This Bill bindeth me Vincent Atcheson my heires Executors
Adm" and Assigns to pay or cause to be payd vnto Anne Tilney of
the Cross her heires Executors or Assigns the full and just Sume
of Seaventeene pounds of wynttT beauer killed in Season to be
payd att the Cross in S* Georges Riuer att or before the tenth day
of March next ensueing the date hereof As Wittnes my hand 23**
Aprill 1660 Vincent Atcheson
Wittnes Edward West his X marke Richard Willan
More due upon this bill tenn pounds of the like Conditioned
Beaver Wittnes my hand Vincent Atcheson
The ph sues prout in pe* The def* Confesses Judgem* for the
aforesaid Simies.
To the hono'*^* the Gouemor & Coimcell
The humble peticon of Hannah Lee .... is indebted -p . . . . Sume Lcc v.
^.p r^^^ ^^A Atchison
of one and p. 1036
This bill binds me Vincent Atcheson of S* Marys County in the
Province of Maryland my heres Executors and Administrators to
pay or cause to be payd unto Hugh Lee of S* Marys aforesaid In-
holder, his heires Executo" Administrators or Assigns the full and
just Sume of fourteene hundred and Eight pounds of good and
legall tobacco with Caske att some Convenient place in S* Marys
County aforesaid vpon demand As Wittnes my hand this seaven-
teenth day of October 1661 Vincent Atcheson
Wittness W" Sandford W" Price
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538
Provincial Court Proceedings, 1661.
Liber 1 66 1 M*^ Atchison D"
P C R.
8r igth Three Gallons Syder and two Gallons Perry
one Pottle Metheglyn
one Gallon Beere
pbr nth Two pottles of Metheglyn
five Bottles Brandy i dyett
Two bottles brandy and two gallons beere & i dyett
M" Packers Servant one dyett
I pottle of beere
25th 3 quarts of sack o** 7' 6^
I dyett one Gall beere
Nbr 24th NichoUs 2 dyetts
Nine Quarts of sack
one Quart of sack & 2 bottles of dramms
Feb. nth one bottle of spirritts
one dyett
Payd foure Barrells of Come ....
no
032
020
064
no
090
010
010
030
020
108
052
050
010
1037 At a Court held at New Towne for the County of S* Marys the
Eleauenth day of March 1661
Present Coll W" Evans
M' Tho Dent
M' Rich. Willan
M*" Luke Gardner
-M"^ Richard LLoyd
^Com"
John
Abington
Attorney
of Henry
Corbyn v.
Mr Thomas
Turner
Admr of
Wm
Johnson
M' John Abington Attorney of the pit sues a bill of the def** the
def* pleades that itt was none of M*" Johnsons hand, and desires that
the bill may be proued or else craues a non suite whereupon the pits
Attorney Craues an Appeale to the next Pro*" Co** which is granted
Walter Hall are:
To the hono"* the Gouemor & Councell of the Prouince of
Maryland
The humble peticon of John Abington Attorney of M' Henry
Corbyn Humbly sheweth That William Johnson late of this Prov-
ince dec^ doth owe imto the s^ M*^ Corbyn three hundred & seaventy
pounds of tobacco and Caske by specialty
Yor pet" humble request is that he may haue an order of this
bono'*'* Co'* for his debt with forbearance and Charge of suite And
he shall pray &c.
Knowe all men by theis p'sents that I William Johnson of S*
Clements bay Planter doe owe and am indebted unto Henry Corbyn
of London Merch* the full and just Sume of three hundred and
seaventy potmds .... sound merchantable tobacco and Caske to be
.... Henry Corbyn att or upon the 25*** day .... and for the true &
. . . .Johnson doe
George Macckall
W" Hatton
Andrew Cooke
W" Brookes
Provincial Court Proceedings, 1661. 539
The ph sues p[ro]ut in peticon The def* pleads that itt is none of Liber
M*^ Johnsons owne proper hand whereupon the ph desires itt may be p^'iojg
putt to a Jury.
Warr* to the Sherriff of S* Marys to impannell a Jury
The Sherriff returned his writt and warned
Humphry Warren] John Reade
Vincent Atcheson Daniell docker
John Wheeler Joseph Harrison
Robert Kingsbury J Richard Bennett
Humphry Warren Foreman being swore with the rest aboue men-
coned withdrew, and after some tyme returned their Verdict En-
dorsed on the back side of the bill vizt, Wee finde the name to the
bill to be the hand of W" Johnson, whereupon It was ordered that
the def* pay the aboue menconed Sume vnto the ph
To the Right bono**** the Gouemor & Councell of Maryland Thos.
The humble peticon of Henry Francomb Sheweth That whereas Attorney of
John Wheeler sould to yo*" pet' three hundred and fifty acres of land Henry
as by bill of sale more fully appeares for which yo"* pet*^ has given wheeler
good sattisfaccon, Yo*^ pef humbly Craues that yo"* honors may be
pleased to command the said Wheeler to make good his said bill of
sale and justly convey the said land to yo*^ pef for which he has rec^
good sattisfaccon And yo*^ pef shall pray
Knowe all men by theis p'sents that I John .... of Charls County
in the ... . Called Naufemick Creeke, I the said Wheeler doe binde p. 1039
my selfe my heires Ex" Adm" or Assigns to deliuer a firme Pattent
for the said land att or before the tenth of October next to the said
Francomb and Robinson or either of them Wittnes my hand 11***
Sep* 1650 The mke f W of John
Wittness Joseph Harrison J"** C Nevill his mke Wheeler
The pie sues f [or a] parcell of land p[ro]ut in bill of sale The def
alleages that he did deliuer a pattent which they did accept off in full
sattisfaccon of that bill of sale and Craues tyme till the next Co^
to proue this
Ordered that he doe proue itt by the next Pro*" Co** and the
poynte of the issue to be whether they did accept itt or not.
The Executors of John Medley is to answere this Suite the next James
Co'* Pconv.
Coll.
Euans
To the Right bono**'* Gouemor Chancellor & Seer" of the Province Thompson
of Maryland and to the rest of their hono"« Councell of the s^ ^' ^^^^^
Province
The humble peticon of George Thompson Sheweth Whereas yo'
pet' intimated unto M' Thomas Gerrard that he wanted some rights
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540 Provincial Court Proceedings, 1661.
Liber of land the said Gerrard thereupon proffered to sell vnto yo"* pef
P. C. R. ^jjg rights of five thousand acres of land which as he alleadged unto
yo*^ pef was .... due unto him .... whereupon yo*" pet^ bargained
with him some- .... in the yeare of our lord 1659 for ... . some-
p. 1040 tymes in Aug be betweene two or three thousand acres of good
land of itt, for which very tract yo*" pef bought the Residue of the
afores^ rights of fine thousand acres of land & the rights for 350
acres of land which Rights the said Gerrard had for 7 of his Serv**
transportacon into this Province, and the tyme L3miited yo*^ pet*^ for
sattisfaccon for the fore menconed rights more att large will appeare
by yo"* pet" severall bills deliuered into the Qarks office att the
Penultima Pro*" Co** Att which Co** the said Gerrard sued yo*^ pef
& obteyned an order of Co'* for the said tobacco, where yo*^ pet*^ sued
alsoe the said Gerrard in an accon of the Case for the performance
of his Condicon contracted with yo' pet*^ where itt was alsoe ordered
that the s^ Gerrard should make good vnto yo' pet' the said Rights
of fine thousand acres of land the performance whereof yo*^ pet*^
afterwards demanded of the said Gerrard, and as yett remayneth
vnperformed whereupon yo' pet' not haueing his damages adjudged
and ordered by yo" (most renowned fathers of this Province) could
not demand an Execucon upon the said order of Co'* but to yo*^ pef*
greate losse and damage; as more att large will appeare by the
Subsequent lines for after yo' pet' had an Assignm* for the fore-
menconed rights of three thousand three himdred & fifty acres of
land yo' pet' came downe unto the then Secretarsrs office for a
warr* for the said rights, but the then Secretary now Chancellor of
this Province would not grant unto yo' pef a warr* for the s^ rights
of three thousand acres of land the remaynder of the before men-
coned five thousand, but shewed yo' pet' a paper from M' Marma-
duke Snowe to dayme the rights of land granted imto his brother
M' Abell Snowe by spedall warr* from the Right bono**** the Lord
Prop'y of this Province of Maryland which were the rights before
menconed of fine thousand acres of land sould by the said Gerrard
unto yo' pet' and for the defaulte of the s^ warr* by reason of the
said Gerrards im- .... to the said rights of ... . yo' pef formerly
p. 1041 tooke up and the water side besides the damage yo' pef hath sus-
teyned by the depriuacon of takeing up of the residue of the fore
menconed rights w** might haue redowned much to yo' pet" proffitt
all which yo' pet' humbly craues to haue bin his apparant yett
recouerable damage.
The p'misses therefore being taken into yo' hon**'*'* serious con-
sideracons yo' pet' most humbly craueth an order of Co'* whereby the
said Gerrard may be enforced to purchase the aboue menconed Seates
of land & possess yo' pet' his heires & Assigns for ever therew*^ and
that the said Gerrard by vertue of the s^ order of Co** may be boimd
his heires Ex'* Adm'* & assigns vnto yo' pef his heires Ex'* Ad'*
and Assigns in a bond of three hund^ pounds sterl. money to warrant
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Provincial Court Proceedings, 1661. 541
& defend the said land for yo' pef* heires Ex" Adm" & Assigns Liber
peaceable & quiett posson thereof for ever & of every pte & parcell ^- ^* ^
thereof without lett or molestacon & this att their owne proper Cost
& charge of lawe ag* all dayme or daymes w^soever or else to pay or
cause to be payd vnto yo*^ pef his heires Executors Adm" or As-
signs by him the s* Gerrard his heires Ex" Ad" or assigns the full
& iust Sume of twenty thousand pounds of good sound merchantable
leafe tobacco and Caske pitcht and Culed from ground leaues &
seconds att or upon the lo*** Sept. next ensueing the date hereof in
some Convenient place or places of Charls or S* Marys Countys And
yo*^ pef &c.
Reffered till next Co'*
Richard Cragbone The Administrator of Thomas Elston desires Re Elston's
a Quietus of the Estate of the said Elston, It is therefore ordered ^^*^^
that any person that shall p'tend to any Creditt to that Estate doe
come in and make itt appeare before the next Co** other wise a
Quietus est to be granted and that this be affixed att the Co'* doore.
John Gittings Clre.
Wednesday the 4*** of June 1662 J'"** 4
Present The Leiutenn* Generall Philip Calvert Esq*" deputy Leiu*
Henry Sewall Esq' Secretary Robert Qarke Baker Brooke and John
Bateman Esq'* Coimcdlors
Then was called Thomas Wright Indicted for hogs stealeing by Attomqr
the Grand jury §^^> -•
The Sherriff makes Proclamacon (vizt)
If any person or persons whatsoeuer can giue any Evidence ag*
Thomas Wright, on the behalfe of the Lord Proprietary, for the
Prisoner stands upon his Justificacon.
Proclamacon being made three tymes, and noe man appeardng to
prosecute, The Prisoner is deared by Prodamacon
Knowe all men by theis p'sents that I John Sinkler and Robert Dcvorax
Kingsbury doe Engage our selues to binde over both our Estates for a^J^^ ?no
the sattisfaccon of a debt of twelue thousand three hundred Seaventy Bateman v. '
foure pounds of Tobacco and Caske And wee both doe Engage our ^jj^j^u^^
sdves to give bond, and to owne the same bond the next Co'* As
Wittnes our hands this 26*^ of February 1660 Bond being taken and
owned in Court this to be voyd and none Effect
John i S Sincler his marke
Rob* K Kingsbury his marke
Testes James Vdtch John Sutton :
Ordered that they doe giue bond according to the Tenor of the
Obligacon produced in Co**
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542 ProzHncial Court Proceedings, 1661.
Liber .... Lord 1640 accknowledge and G)nfess Judgem* before the
Snow p. Right Hono"*the Lord Baltemore Lord and Proprietary of this
^T^™* Province of Maryland vnto Abell Snowe yo*^ pet" brother, to the
Turner V. valine of one hundred seaventy Eight pounds nine shillings and
^^^''^^^ nine pence of good and lawfull money of England, and thirty fiue
thousand pounds of tobacco and Caske which Judgem* is yett wholy
unsattisfyed. And whereas the abouesaid Gerrard is further in-
debted unto the aforesaid Abell the Sums of Eighteene poimds and
foure shillings more as by Endorsement on the said Judgem* under
the s* Gerrards hand manifestly appeareth beareing date the Eleau-
enth of October in the yeare of our lord aboue menconed.
which said Sumes of money and tobacco the aforesaid Abell
Snowe did giue and bequeathe unto Jdith Snowe yo*^ pet" mother
who out of her motherly affeccon was pleased to Conferr her Right
in the p''misses upon yo*^ pet*" Wherefore yo*" pef humbly craueth
Execucon vpon the said Judgem* of one hund^ seaventy Eight pounds
nine shillings nine pence sterling money, and thirty five thousand
pounds of tobacco and Caske and order for the afores^ Sume of
Eighteene pounds foure shillings w*^ costs of Suite and damages to
the valine of Eleaven himdred pounds sterling And he shall euer pray
An Exact and perfect noate how all Accompts stande betwixt my
brother Thomas Gerrard of S* Qements Hand in the Province of
Maryland gent, and me Abell Snowe of Cursitars office in Chancery
Lane London this 5* of October 1640 as foUoweth
Impr. Lent my Brother Gerrard in ready money since his arrivall
in England when he came over in the Shipp Blessing : Ixix***
It. I haue payd for him several Comodityes for
his Vo)rage to Maryland besides the Custome
Impost of xxij hogsheads of tobacco w**
d.
xxxlrxvij: x:
p. 1044 Whereas my Loving Brother Abell Snowe of Cursitars Office
hath Lent disbursed and Engaged himselfe to pay the severall Sumes
aboue menconed (being one hundred seaventy eight pounds Nyne
and nine pence) To and for my vse in setting me forth with a Con-
venient Supply to Maryland, Now knowe all men by theis p'^sents
that I Thomas Gerrard of S* Clements Hand in the Province of
Maryland gent, doe binde me my heires Executors and Administra-
tors in the penall Sume of fiue himdred poimds of lawfull English
money to consigne and send to the said Abell Snowe or his Assigns,
within two yeares next after the date hereof Such a convenient
Quantity of Beauer or tobacco or both as shall sattisfye him fully for
the moneys disbursed as is aboue specif yed, besides thirty five
thousand*** weight of good and merchantable tobacco of Maryland
which I hereby likewise accknowledge to owe him. And when he is
«). s. d.
Ixxvi j : X : xl :
forseuall > ,
J xxxl : xvi j
enngtr
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Provincial Court Proceedings, 1661. 543
fully sattisfyed and payd This Obligacon is to be voyd and of none Liber
Effect, but till then itt is to stand and remayne in full force Effect & ^- C- ^
vertue In Wittness whereof I haue hereunto sett my hand and Scale
the 5* day of October 1640 Thomas Gerrard
Sealed & deliuered by the aboue bounden Thomas Gerrard in the
p^sence of Tho : Cornwalleys Jo : Langford Ro^ : Euelin.
Prefat. Thomas Gerrard sigillauit et delibauit hoc presens Scrip-
tum die et anno dat. p^'sentiium coram me et recognouit, hoc com-
putum fuisse uerum et maxime justum C Baltemore
I doe hereby Certefy that this is a true Coppy of an Ace** betweene
the s^ Abell Snowe and Thomas Gerrard Sealed deliuered and
accknowledged by the said Thomas Gerrard as afores^ in the p^sence
of C Baltemore
Likewise my said Brother Abell hath sent & adventures two peeces p. 1045
of blew tradeing cloth by me which I am to make him a returne of,
the Cloth cost xy*^ — ^inj* Also M"^ John Army hath sent just the like
Adventure by me w*^** I am to accompt to him for likewise, Wittnes
my hand the day and yeare aboue written Tho. Gerrard
Wittnes hereunto Rob* Styles Valerius Sutton
This is a true Coppy examined by me Will" Fynney
Thomas Comwallis of the Cross in Maryland in America Esq*"
and John Langford of the pish of S* Clement Danes in the County
of Midde gent, doe make oathe th* this is a true coppy (by them now
lately examined of an ace® beareing date the fift of October 1640,
And that they were p^'sent & did see the within named Thomas
Gerrard Signe scale and deliuer the said Ace** beareing date as
afores^) and that these depon^ names subscribed therevnto as witt-
nesses are their owne proper hand wryting
Tho : Comwallys John Langford
Both these depon** swome to the truth hereof the 13*** day of
Sep* 1659 before me Robert Keylway one of the Masters of the
Chancery of England in ordinary Rob* Keylway.
This Indenture made the nineteenth day of Jtine in the sixteenth
yeare of the Raigne of our Souaigne Lord King Charls by the grace
of god of England Scotland France & Ireland defender of the izyth
&c. Betweene Abell Snowe of Cursitars office in Chancery Lane
London gent, on the one parte and Thomas Gerrard of New hall in
the County of Lancaster gent, late of S* Clements Hand in the
Province of Maryland in the parts of America on the other parte
Wittnesseth [that] Thomas Gerrard for divers good causes & . . . .
Snowe which he doth hereby accknowledge himself e to owe and to p. 1046
be Indebted to the said Abell Snowe, hisi heires Executors Adm"
and Assigns doth by theis p^'sents bargaine sell give grant, alien,
assigne and sett over vnto the said Abell Snowe his heires Executors
Adm" and Assigns all those his Plantacons called by the severall
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544 Provincial Court Proceedings, 1661.
Liber names of S* Clem** Hand, S* Katherines Hand, Porkehall and Ashton
P. C R. within the said Province of Maryland And all the Lands Tenem**
hereditam** howses Outhowses buildings and other Aptnces there-
vnto belonging scituate lying and being in the Province of Maryland
aforesaid in as ample and large manner, to all Intents and purposes
as he now doth or might haue hould or Enjoye the same, And alsoe
the said Thomas Gerrard for himselfe his heires Executo" and
Adm" doth further by theis p^sents bargaine Sell give Grant, alyen
assigne and sett over unto the said Abell Snowe his Executors Adm"
and Assigns all and singuler his goods chatties moueable and vn-
moueable Servants househould stuflfe, money Plate Jewells Tobacco
Cattle hoggs Poultry debts dues, and all other his Estate whether
reall or personall whatsoeuer, whether it be in the Kingdome of
England, or in the Province of Maryland aforesaid. To haue and to
hould all and singuler the afore recited p'misses to the said Abell
Snowe, his Executors Adm" and Assigns for ever To the vse and
behoof e hereafter in theis p^sents expressed, namely that if itt soe fall
out that he the said Thomas Gerrard should happen to dye or departe
this naturall life before he haue well and truly sattisfyed and payd
the said thirty five thousand pound weight of tobacco aboue ex-
pressed and Caske in such manner and forme as is expressed in two
Indentures of defeazance beareing date with theis p^sents. And every
parte and parcell thereof that then the said Abell Snowe shall haue
hould and Enjoye the one moyety of all the aboue recited p'misses
To his owne proper vse and behoofe And the other moyety to the vse
of Susanna the now wife of the said Thomas Gerrard for and
during her naturall life and after her decease to the heires of her
body begotten or to be begotten on her body by the said Thomas
p. 1047 Gerrard for ever And the said Thomas Gerrard .... Executors
Administrators and Assigns That he the said Abell Snowe shall and
may haue hould possess vse occupy and quietly and peaceably enjoy
All the fore recited p'misses to the vses aforesaid To the said Abell
Snowe his heires Executors Administrators & Assigns or against
any other pson or persons whatsoever Qayming by from or vnder
him, or by vertue of any right Tytle or Interest derived from him.
And he doth further hereby revoake disanuU and make voyd any will
deed or other Instnmient whatsoever formerly made concerning theis
recited p^misses or any -pte thereof whether they be in England or
in the Province of Maryland [the] said Thomas Gerrard for him
his heires [Exec'rs] Adm" and Assigns doth further covenant and
grant to and with the said Abell Snowe his heires Executors Adm"
and Assigns that he and they will warrant and defend the said
p^misses and every -pte thereof To the said Abell Snowe his heires
Executors Adm" and Assigns for ever ag* any person or persons
whatsoever. And that he and they shall saue and keepe the prem-
isses and every parte thereof dearely free and Exonerated & dis-
Provincial Court Proceedings, 1661. 545
charged of and from all or any former bargaines Sales Mortgages Liber
Judgem** Execucons guifts wills or any other Incumbrances what- • ^* ^
soever, And that the said Abell Snowe shall from tyme to tyme freely
haue hold occupye possess and Enjoy and dispose of all the before
recited p'misses to him his heires Executors Adm** and Assigns for
ever To the vses aforesaid In Wittness whereof both the partyes to
theis p^sents haue Interchangeably putt their hands and Seales the
day and yeare first aboue written Anno Dumi 1640
Thomas Gerrard
This is a true Coppy examined by me W" Fynney :
John Langf ord of the parish of S* Clements Danes London gent :
aged aboute sixty yeares maketh oathe that this is a true Coppy (by
him now lately examined of a deed beareing date the 19^ day of
June in the sixteenth yeare of the late King Charles, And that he this
depon* was .... did see the abouesaid Thomas Gerrard .... p. 1048
I doe hereby certefye that this is a true Cuppy of a deed Sealed
deliuered and accknowledged by the said Thomas Gerrard as afore-
said in the p'^sence of C : Baltemore
The depon* sworne to the truth of this Aflid* before me Robert
Keylway one of the M" of the Chancery of England in Ordinary
the 13* day of September 1659 R^b* Keylway
Sealed and delivered by the within named Thomas Gerrard in the
p'^sence of Rich : Congrene John Langf ord Rich Symons
Sigillat delibat et libent recognit p infraiiomt Thomam Gerrard
die & anno dat p'^sentium coram me C Baltemore
Thomas Gerrard de Insula Sci Clementis infra Provinciam ter.
Marie in ptibz Am^'ice gen. coram dno Rege in Cancellor sua psonalit.
constitut recogn se debere Abeli Snowe de Officia Cursitar in Com
Midd gen Mille libras bone et legal monete Angl : solveiid eidem Abeli
ant suo certo Attorn executo' Administr. vel Assign suis in festo
Sci Johis Baptis prox futur post dat hujus Recognicois Ut nisi fec^it
vult et Concedit qd dca suma mille libra levetur et recuzetur de bonis
et cattail terr. tontis et hereditamen Ipius Thome hered Executor vd
Administr. Suox vbicunq*" furint invent, infra Regnu Angt. aut infra
pMict Provinciam terr Marie vocat. Maryl. vel. infra prte Virginie
ad solum et propriu opus et vsum p'^fat. Abelis hered Executor &
Admini suoz Teste deo dno Rege apud Westm*" decimo nouo die June
Anno Regni ejuodem dno nri Caroli dei gra Angt. Scotie ffrancie et
hibnie Regis fidei defensor &c decimo Sxto. Annoq dmni 1640
Exaiat q Edm Goddard
Thomas Gerard de Insula Sci Clementis infra Provinciam Terra p. 1049
Maria in partibz America gen. coram me Cecilis Baron de Baltemore
Caroli Regis Angl. &c. gra. dno Proprietar Provincia Terre Marie &
Avalon psonalit constitut recognovit se deberie Abeli Snowe de
officio Cursitar in Com Midd gen^oso Mille libras bone et legalis
35
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546 Provincial Court Proceedings, 1661.
Liber monete AngI solvend eidem Abeli aut suo certo Attum Execut Ad-
P. C R. ministratoribz nel Assign suis in f esto sd Johis Bapte prox f utur post
dat hujus Recognicionis et nisi fecit vult & concedit qd dca suma
Mille libra levet & recirpet de bonis & cattalis [terr] tentis & here-
dittamentis ipius Thome her [ed Executor vd] Administrator suo
ubicunq furint invent infra p'dict -pvinciam Terra Marie vocat Mary-
land ad solum et ppria opus et vsum p'^f at, Abelis hered Executor ud
Administrator suos Teste me ipo dco Caecilio Baron de Baltemore
dno proprietar pvinc. pMict. apud London infra Regnum Angl de-
cimo nono die Junij Anno Regin dni nri Caroli dei gra Angl. Scode
Franc. & hibemie Regis fidei defensorio & dedmo sexto Annoq
dmni 1640 Thomas Gerrard
Recognit p p^'f at Thoma Gerrard die & Anno dat. p^'sentium coram
me
Qecilio Barron de Baltemore et dno Proprietar provinda p^'dict
C : Baltemore
I doe hereby certefye that this is a true coppy of a Recogniz
accknowledged by the said Tho : Gerrard before me C : Baltemore
This Indenture made the nineteenth day of Jime in the 16***
yeare of the Raigne of our Soveraigne Lord King Charles by the
grace of god of England Scotland France & Irdand defender of
the iayth &c. Betweene Abell Snowe of Cursitars office in Chan-
cery Lane London gent and Thomas Gerrard of Newhall in
p. 1050 the Coimty .... the Province of Maryland .... Administrators and
Assigns in the Sume of one thousand poimds of lawfull English
money to be Leauyed upon the said Goods and Chatties Lands Ten-
em** and hereditaments of the said Thomas Gerrard his heires
Executors and Administrators, wheresoeuer they shall be foimd
either within the Kingdome of England or within the -pts of Virg*
as by the said Recognizance doth and may more att Large appeare.
Now this p'^sent Indenture of defeazance upon the said Recog-
nizance Wittnesseth that if the said Thomas Gerrard his heires Exec-
utors Administrators or Assigns shall well and truly pay or cause
to be payd vnto the said Abell Snowe his heires Executors Adm" or
Assigns the full Sume of Thirty fiue thousand pound weight of good
and merchantable Leafe tobacco of Maryland well and sufficiently
packed and putt vp in good and sufficient Caske in such manner and
forme as itt shall then be generally vsed to be packed in the said
Province of Maryland att the severall tymes when the pa)rment
thereof shall growe due, that is to say five thousand poimd weight
thereof in or upon the tenth day of January next Ensueing the date
of theis p^sents and tenn thousand pounds weight thereof more in or
upon the tenth day of January which shall be in the yeare of our
Lord one thousand six hundred forty and one And tenn thousand
pounds weight thereof more in or upon the tenth day of January
which shall be in the yeare of our lord god one thousand six hundred
mmmm
Provincial Court Proceedings, 1661. 547
forty two And tenn thousand pounds weight more being the residue Liber
thereof in or upon the tenth day of January which shall be in the * ^* ^*
yeare of our Lord god 1643. ^^^ which said severall pajrm** are well
& truly to be made Att the howse of the said Abell Snowe called
Snowe Hill in the said Province, or att the howse of the said
Thomas Gerrard scituate in S* Qements Hand in the said Province
he the said Thomas Gerrard giving a months notice next before the
day of pajmient thereof to the s^ Abell Snowe or his Assigns of the
certaine Quantity that shall be payd by him att both places, and for
soe much as shall be payd at S* Clem** Island, the said Thomas
Gerrard shall keepe safe and indempnifyed from wett or otherwise
in his owne howses untill itt be received from him by the said Abell
Snowe or his ... . said to .... be payd yearely to the said Abell p. 1051
Snowe or his Assigns by the said Thomas Gerrard as is Covenanted
and the same to come Clearely besides the weight of the caske to the
said Abell Snowe his heires Executors Adm" or Assigns in manner
and forme aboue specif yed that then this said Recognizance shall be
voyd and of none Effect but otherwise to stand & remayne in full
force & vertue, Neuertheles the said Abell Snowe doth hereby prom-
ise the said Thomas Gerrard his heires Executors & Adm" that if itt
shall soe happen that during the last three yeares the Province of
Maryland be stinted and Confined by any order either from the
Lords of his Majestys most bono''** Privy Coimcell or by any Com-
and from the said Lord Baltemore by the very same Express
Regulacon of soe much & such Quantityes of Tobacco p head as the
Inhabitants of Virg* are now stinted and Confined vnto that is to
say one hundred and fifty poimd weight p head for themselves and
twenty pounds p head for publick charges as by the said Orders for
Regulacon in Virg* more att Large itt doth and may appeare Then
the s** Abell Snowe is Contented to accept of six thousand pounds
weight of tobacco soe ordered as itt is by the s^ Regulacon being
packed in good caske every yeare yearely during the said three last
yeares in Hew of the said tenn thousand potmds weight of tobacco
soe covenanted by the said Thomas Gerrard to be payd to the s^
Abell Snowe his Executors Adm" or Assigns as aforesaid butt itt is
the express meaneing of both partyes to theis p*'sents that the five
thousand pounds weight of tobacco and Caske which is to be payd
the tenth day of January next ensueing the date of theis p*'sents shall
be well & truly payd as abouesaid whether there be any such Regu-
lacon or not regfulacon in the Province of Maryland as is afore
expressed In wittness whereof both partyes to theis p'sents inter-
changeably .... putt their hands and Scales the day and yeare ....
Thomas Gerrard
Thomas Comwallis of the Cross in Maryland in America Esq' p. 1052
and John Langford of the pish of S* Qem** danes in the County of
Midd gent, doe make oathe that their names aboue written as witt-
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548 Proinncial Court Proceedings, 1661.
Liber nesses to the deed within written is their owne hand wryting and
P. C R. ti^at they did see the said Thomas Gerrard Signe Seale & deliuer the
same Thomas Comwallis John Langf ord
Both these depon** swome to the truth hereof the 13*** day of Sep*
1659 before me Rob* Keylway one of the M" of the Qiancery of
Engld Robert Keylway
To all Qiristean people to whome this p'sent wryting shall come
Greeting Whereas Thomas Gerrard of New hall in the Coimty of
Lanaster gent, late of Snowe hill in the Province of Maryland in the
parts of America by one Recognizance beareing date the nineteenth
day of Jime in the yeare of the Reigne of our Soueraigne Lord
Qiarles by the grace of god of England Scotland France and Ireland
King defender of the fajrth &c. the sixteenth accknowledged before
John Page Esq"" one of the Masters of the most hono**^* Co^ of Chan-
cery hath become boimd vnto Abell Snowe of Cursitars Office in
Chancery Lane of London gent his heires Executors Administrators
and Assigns in the Sume of one thousand pounds of lawf ull English
money to be leauyed vpon the goods and Chatties lands Tenem** and
heredittam** of the said Thomas Gerrard his heires Executors and
Adm'* within the Province of Maryland aforesaid for the payment &
deliuery of the full Sume of thirty five thousand pounds weight of
good and merchantable Leafe tobacco of Maryland and also the
Simie of one himdred ninety and foure poimds of Currant English
money which the s** Thomas Gerrard oweth vpon a Just ace** made
betwixt the said Abell Snowe and Thomas Gerrard vnto the s^ Abell
p. 1053 Snowe his Ferny hill in the County of Stafford Widd as also for
diuers other good causes and Consideracons me thereunto especially
moueing Haue given granted and bequeathed and by theis p'sents
doe give grant and bequeathe unto my welbeloved mother Jdith
Snowe her Executors Administrators and Assigns all the afore
named tobacco debt or debts Sume or Sumes of money whatsoeuer
which is oweing vnto me by the s^ Thomas Gerrard his Executors
and Administrators together with all my house hould goods Cattle &
Chatties moueable or immoveable whatsoever in my posson or which
are owing vnto me both in the Realme of England and the said
Province of Maryland To haue and to hould the aforesaid Tobacco
debt or debts Sume or Stmies of money, househould goods Cattle and
Chatties moveable and vnmoveable whatsoever vnto the aforesaid
Jdith Snowe her Executors and Adm" for ever, And in the name and
posson thereof I the said Abell Snowe haue deliuered with my owne
hands six pence of currant English money to the said Jdith Snowe
In Wittnes whereof I the said Abell Snowe to this present deed of
guift haue sett my hand & Seale this 27th day of Jime in the Eight-
eenth yeare of the Reigne of our Soueraigne Lord Charles by the
grace of god of Engld Scotland France and Ireland King defendor
of the fayth & Annoq dmni 1642 Abell Snowe
Provincial Court Proceedings, 1661. 549
Sealed and delivered in the p'sence of Tho Bayley Walter Snowe libcr
Edward Lees M his marke ^- ^' ^
This is a true Coppy of the Originall Examined by vs W" F)mney
Thomas Sutton
Walter Snowe of flferny hill in the Coimty of Stafford gent, and
Edward Lees of Rownall in the said Coimty .... make oathe that
this is a true coppy of a deed purporting Snowe to Jdith his
.... Both these depon** swome to the truth hereof the 29*** day of p. 1054
September 1659 before S^ Richard dyott Kn* one of the Masters of
the Chancery of England Ric : Dyett :
To all Christean People to whom this p'sent wryting shall come
Greeting Whereas Thomas Gerrard of New hall in the County of
Lancaster gent, late of Snowe Hill in the Province of Maryland in
the parts of America by one Recognizance beareing date the nine-
teenth day of June in the yeare of our late King Charles &c. the
sixteenth, Accknowledged before John Page Esq*^ one of the Mas-
ters of the most hono''^* Co'* of Chancery hath become boimd vnto
Abell Snowe of Cursitars office in Chancery Lane London gent his
heires Executors and Adm" and Assigns in the Sume of one thou-
sand poimds of lawfull money of England to be leauyed upon the
goods and Chattels lands Tenem** and heredittam** of the s*^ Thomas
Gerrard his heires Executors and Administrato" within the Province
of Maryland aforesaid for the pajmi* and deliuery of the full Sume of
thirty fine thousand pound weight of good and merchantable Leafe
tobacco of Maryland and also the Sume of one hundred ninety and
f oure pounds of currant English money which the said Thomas Ger-
rard oweth vpon a Just Ace** made betwixt the said Abell Snowe and
the said Thomas Gerrard vnto the said Abell Snowe his Executors
Administrators & assigns as by the said Recognizance Indenture of
defeazance and the Ace** more plainely and att large appeareth And
whereas the s^ Abell Snowe by his deed of Guift beareing date the
seaven and twentyth day of June in the Eighteenth yeare of our
aforesaid late King Charles &c as well for the naturall love duty and
affeccdn which he owed and bore to his deare & loving mother Jdith
Snowe of ferny hill in the County of Stafford widd as alsoe for din-
ers other good Causes Consideracons Gerrard his Executors and
Adm" together with all his househould goods Catties and Chatties p. 1055
moueable and vnmoveable whatsoeuer in his possdn or which were
oweing vnto him both in the Realme of England and in the s^ Prov-
ince of Maryland, as by the said deed of guift more plainely and att
large itt doth and may appeare Now Knowe yee that I the said Jdith
Snowe as well for the naturall loue and affeccon w** I beare vnto my
Loving Sonne Marmaduke Snowe of Ferny hill afores** in the said
County of Stafford gent, as also for divers other good causes &
consideracons me therevnto especially moueing [have] Assigned and
sett over and in and by theis p'sents doe give grant Assigne and sett
550 Provincial Court Proceedings, 1661.
Libcr over vnto my said welbeloved Sonne Marmaduke Snowe his Exec-
C. R- u^Qrs Adm" and Assigns all the afore named and abouesaid tobacco
debt or debts Sume or Sumes of money whatsoeuer which is given
granted and bequeathed vnto me the said Jdith Snowe by the said
Abell Snowe together with all the house hould goods Catties &
Chatties moveable and vnmoveable whatsoeuer given granted and
bequeathed unto me the said Jdith By the said Abell, and all my
right Interest & tytle of in & to the same To haue and to hould the
aforesaid Tobacco or debts Sume or Sumes of money howse hould
goods Cattle and Chatties moveable and vnmoveable whatsoeuer vnto
the aforesaid Marmaduke Snowe his Executors and Administrators
for ever In Wittness whereof I the said Jdith Snowe to this p'sent
deed of guift haue sett my hand and scale the first day of Jime in the
yeare of our lord god according to the Computacon of the Chruch
of England 1649 Jdith Snowe her marke
Sealed & deliuered and six pence in Silver gfiven by the s** Jdith to
the s^ Marmaduke
This is a true Coppy ex*^ by W" F)mney
p. 1056 William Fynney of Fynney Lane in the Coimty of Stafford gent
and Thomas Sutton of Oncott in the s** Coimty gent doe make oathe
that this is a true coppy by them now lately Examined of a deed of
guift beareing date the first day of June 1649 ^tnd that they were
p'sent and did see the aboue named Jdith Snowe scale & deliuer the
said deed of guift beareing date as aforesaid, and that these depon^
names together with two more wittnesses (vizt) John Oulsnam and
Robert Turner subscribed therevnto As wittnesses are their owne
proper hand wryting W" F)mney Tho. Sutton
Both these depon** swome to the truth hereof the 29^ day of
September 1659 before S*" Richard dyott Kn* one of the M'* of the
Chancery in England Ric. Dyott
The ph sues p[ro]ut in peticon The def* desires that he may haue a
Coppy of the peticon and haue tyme to answere till the next Provin-
cial Co^ Ordered that the def* doe give sufficient bond with two suffi-
cient Suretyes not to imbezill the Estate claymed by Marmaduke
Snowe by vertue of the deeds afore recited, and that he shall Joyne
issue with the pit, and abide Judgem* of this board att the next
Provinciall Co'*
Cap* Neale maketh oathe that he did reade over two Latine Recog-
nizances beareing date 19*** June ....
p. 1057 To the Right hono''^* the Governor and Councell
Tsiylor v.
Courtney The humble pet. of Sarah Taylor Sheweth That whereas Thomas
Courtney did soUicite a Suite of loue to yo*" pet*" the which yo*" pef
did entertayne in a familiar and civill manner vntill such tjmie as she
heard that the said Thomas Courtney did privately abuse her, by
Provincial Court Proceedings, 1661. 551
reporting that he had had vncivill doeings with her, the which yo' Liber
pef^ scorning by the advice of her freinds she did striue to weane ^* ^' ^
her selfe from her former Childish Loue ; which Thomas Courtney
.... he doth goe aboute to dishonor yo*" pet*" reporting that he hath
la)me with her, with many impudent and false abuses, besides a letter
in the which he doth abuse me in a very vncivill and abusive manner
wherefore yo*" pet*" humbly beseeches yo*^ honors to take itt into yo*"
serious Consideracons the Condicon of a poore abused Mayd who
sues for Justice ag* her abusiue adversary and as in duty bound she
shall ever pray.
The pit sues the def* in an accdn of defamacon for giving out in
speeches that he hath layn with the pit whereupon the def* craues
a Jury which was granted
Warr* mde to the Sherriffe of S* Marys County to impannell a
Jury the Sherriff returned his writt and warned
Cap* Thomas Manning] Tho : Bennett
John Hamond Hugh Stanley
Humphry Haggett " W" Hatton
James Veach J W" Bretton
Robert Slye
Fran : Batchelor
Henry Spinke
John Nuttwell
Cap* Thomas Manning Foreman swome together with the rest
abouemenconed,
To the bono"* the Leiutenn* Generall and Councell .... W" Re Bretton
Bretton to Gyles Sadleir late Sherriff of that County to collect P- '<^58
for him, But the said Gyles being infortimately cast away, yo"" pef
not well knowing how to recouer his said debts He himibly prayes
that James Ueich of Calvert Coimty may be impowred by order of
this bono''** Co^ to leauy by way of Execucon after demand made
all, or any pcell of the said fees for which the s^ Gyles Sadleir hath
gfiven noe receipt for under his hand, M^ Hugh Stanley haueing the
booke of fees in his Custody now p*'sent in Co'* and willing to Relin-
quish the same according to this agreem* with Veich and yo*^ pet*"
& he shall pray &c.
Vpon the peticon abouesaid Ordered that Hugh Stanley deliuer
up to W" Bretton his Booke of fees and that James Ueitch may haue
writt to Leauy the s^ fees according to the peticon
Then The Jury returned their Verdict (vizt) The accon of scan- Taylor v.
dall lyes and wee finde for the ph five himdred poimds of tobacco and Courtney
Caske dammages Ordered that Thomas Courtney aske the s^ Sarah
Taylor forgivenes in open Co^ upon his knees for scandaling of the
ph, which was done accordingly
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552 Provincial Court Proceedings, 1661.
Liber Ordered that a warr* issue ag* Robert Troope to appeare att the
^urf w ^^^^ Pro*" Co'* that in the Interim Morris Murf ee remayne with Cap*
V. Troopc Luke Gardner Cott Evans & Richd LLoyd according to the former
>^£'co'^:<>^deroftheCouncell
450
Re Gwythcr ,.
To the hono"« the Leiutenn* Generall & Councell Sheweth The
htunble peticon of Nicholas Gwyther That yo' pef by order of this
Co^ summoned an Inquest vpon the Suite comenced touching ....
Bassett v. At a Court held att Newtowne for the County of S* Marys the
« ^.lli Eleauenth day of March 1661
p. 1059 -^
Present Coll W" Evans
M' John Abington
M'^ThoDent
M' Richard WiUan
Thomas Turner.
-M' Luke Gardner
Richard LLoyd
►Com'*
Thomas Bassett Constable of New Towne Himdred doth p'sent
vnto this Co'* Robert Foord for killing a hogg of the said Bassett
and afterwards carrying itt to the howse of Richard Bennett
Thomas Bennitt aged 18 yeares swome &c Sa)rth That when
Robert Foord killed Thomas Bassetts hogg he this depon* being in
the woods came vp to him & asked him whose hogg itt was, he the s**
Foord answered itt was Thomas Bassetts hogg. And he this depon*
sayd itt was one of his home hoggs, And the said Foord answered
It was more than he knew, and this depon* did bid the said Foord
carry itt to the howse of Thomas Bassett, and the said Ford an-
swered he would carry itt to Goodman Bennetts, and he would goe to
Thomas Bassetts and tell him of itt And further the s^ Ford asked
this depon* why he Looked soe said who answered that if Thomas
Bassett were there and knew of itt he would Shoote them And the
said Ford sayd yo" would not be good to make a Theefe and
further sa)rth not Tho : Bennett his marke
Margarett the wife of Thomas Bassett swome and examined
Sa)rth That Thomas Bennett tould her this depon* that the hogg
which Robert Ford killed was one of Thomas Bassetts home hoggs,
and bid him ripp the Mawe of itt, and he should finde Corne in itt for
he had seene the hogg the night before att Thomas Bassetts howse
And he Bennett tould this depon* that he bid the said Ford ....
Bassett and he sayd he him the said Bennett
p. 1060 Elizabeth the wife of Peter Achillis maketh oathe verbatim as
Margarett Bassett. Elizabeth Achillis her marke
Ordered that the said Ford putt in Security to appeare att the
next Provinciall Co'* or remayne in the Sherriffs Custody, And that
the whole proceedings may be sent thither
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Provincial Court Proceedings, 1661. 5
Vpon the p'^sentm* aboue written of Thomas Bassett Constat
that Robert Ford killd one of his hoggs they putt themselues to t
Tr3rall of a Jury
Warr* to the Sherriff to impannell a Jury.
The Sherriff returns his writt and warned
Nich Young Richard Games Daniell Clocker Robert Mackl
Thomas Bennett John Half ehead John Pollard Will"* Palmer Thoi
as Innes W" Whittle, Humphry Haggett
Nicholas Young foreman swome with the rest aboue menconed
And the Jury returned their verdict not Guilty
Thomas Bassett Constable of new Towne hundred doth p^'se
vnto this Co'* Richard Bennett for Contempt of Government, Tl
the said Bennett did deney and refuse to ayde and Assest the s^
Constable in carrying Robert Ford before Coll William Evans c
of his Lop*. Justices of the peace for this County of S* Marys.
William Young aged 31 yeares or thereabouts swome in open C
Sayth, That vpon the first of February last past Thomas Bass
comeing to yo*" depon* as he was Cutting of wood att night alx
Sun Sett the said Bassett desireing yo' depon* to goe along with h
to heare Richard Bennett what he should say for the said Thon
tolde yo' depon* that had killed a hogg of his and .... Benn
had .... Commanded the said Richard Bennett in the name of 1
Right bono"* the Lord Proprietary to goe along w*^ him, the sj
Richard Bennett replying Thomas why are yo'* soe hasty where
yo' warr* the said Thomas Bassett replyed, my oathe is my wa
and whether the said Richard sayd he could not or would not go
cannot positiuely sweare, but he sayd he was the Security of Rob
Ford and would continue his security vntill he should answer wl
he had to say to Robert Ford before a Justice of peace, and f urtl
sayth not W"* Younj
John Cissell maketh oathe verbatim John i Cissell his marke
Ordered that Richard Bennett putt in security for his appearai
att the next Pro*^* Co'* to answere the Constables p'sentm*; or
mayne in Custody and th* the whole proceeding be sent vp to
next Pro*>^ Co'* Walter Hall Qk
This being the first f aulte comitted by Richard Bennett and vj
promise of amendm* for the future The Leivtenn* Generall h
pardoned him
Thomas Innis accknowledges Judgem* for foure hundred i
eleauen pounds of tobacco due to the Estate of Dauid Abercron
dec^
igitizedTj^SOOQ
le
554
Provincial Court Proceedings, 1661.
Liber Att a Co'* held att Newtowne for the County of S' Marys, the 1 1**"
l^^^^ of March 1661
Black TD-.«««*,4. r^^ix wim !?,*««•.<« 'y vrr 'TUq Dent
Present CottW" Evans
M' J"^ Abington
M*" Tho : Turner
M^ Luke Gardner
M^ Rich. LLoyd
Com"
p. 1062
Impr.
.... and Effect a Cropp with them, he the said Black did not only
neglect his said Imploym* but tooke of his said Servants from all
obedience and duty, And further animated them to villifye and
abuse him and his wife as by Evidence will fully appeare, which
practices & abuses of his haue not only injured, and Endangered his
Repute and well being, but dampnifyed him and Engaged him in
Controversies, and expensiue Suite att Lawe, which he humbly
prayeth may be considered by an able Jury and that he may receive
his damage and Cost of suite And he shall pray &c
Articles of agreem* made and agreed and Concluded vpon Be-
tweene Robert Cager of S* Marys in the Province of Maryland of
the one parte, and W" Black of the other parte
It is Concluded covenanted and agreed upon by and betweene the
said partyes, And the said William Black doth hereby Covenante
conclude and agree to and with the said Robert Cager that he the
s<i W" Black shall and will Line, with the said Robert Cager as an
Overseer to plant a Cropp of tobacco, and Come with his the said
Robert Cagers servants to see the said Cropp struck and finished
Itt is alsoe concluded upon that the s** W°* Black shall att signing
hereof haue deliuered into his posson seaven Servants men and
boyes to be wholy imployed in and aboute the said Crop, by the said
W"* Black untill the said Crop be compleated, and finished.
It is alsoe agreed that in consideracon of the said W" Blacks
care and paynes, over and with the s^ Servants that he the s** Robert
Cager doth hereby agree to allowe vnto the s^ W" Black one whole
Share and halfe a mans Share of the cropp of tobacco made, and one
whole Share of Come allwayes provided that if John the New hand
should happen to dye before .... then the ... .
p. 1063 It is agreed vpon that the said Robert Cager is to allowe W"
Black, and his wife their dyett In consideracon whereof the said W°*
Blackes wife is to dress the Servants victualls, and to wash their
cloathes the s^ Robert Cager putt in six milch Cowes into the hands
of the said W°* Black In wittnes whereof wee haue Interchangeably
sett our hands this 19^ of Aprill 1661 Robert Cager W"* Black
Signed in the p^sence of us Hen : Hide W°* Palmer.
Francis Fisher swome and Examined this 25*** of February 166 1
Sayth That W"* Black did bid M*" Cagers servants, cutt them every
one a Clubb to knock their Master on the head he haueing a QuU>
with a nayle att the end of itt himselfe And moreover sayd itt was a
good deed to poyson their Master, and to that intent made two Pones
Provincial Court Proceedings, 1661. 555
with two holes in them, and as they were a piping of itt in the feild, Liber
Black sayd I wonder the Poyson doth worke noe better, And further ^- ^' ^
sayth not. The mke i of Francis Fisher
Jurat coram Philip Calvert
Edward Chicken sworne and examined this 25*** February 1661
Sayth That he goeing to the Oven att M*" Cagers Quarter for Pone,
he tooke one of those pones that were marked with a hole in itt
whereupon W" Blacks wife told this depon* he had better be hanged
then medle with itt, and bid him carry itt into the Oven againe, and
fetch out the other .... this depon* .... and sayd, why, is not one
.... And this depon* further .... makeing of p. 1064
Joseph Martin aged twenty yeares Sworne and Examined Sa)rth
That he this Depon* did heare W°* Black bid the Servants gett Clubbs
to knock their Master on the head and sayd itt were a good deed to
poyson their master whereupon they made two pones with two holes
in them and Edward Chiccken goeing to the Oven fetched out a
Pone with a hole in itt, And Ann Black called him Rogue, biding
him putt itt there againe, and bid him touch if he durst & further
sayth not Joseph ^ Martin his marke
Thomas Bennett sworne and Examined sajrth that ab* the End of
June, or the beginning of July he this depon* comeing to the howse
of Robert Cager where W"* Black and M*" Cager being hott att
words, M' Cager saying that William Black did up hould the Ser-
vants against him and his wife to abuse them both Will" Black
replyed th* he did not, and would not beleiue that the Servants did
abuse them, except he heard itt himselfe, and tould M*^ Cager till his
Condicons was fullfilled the servants were his, and forwamed M'
Cager to strike them. But sayd if they did deserue itt, he would
correct them himselfe for itt. And further sa)rth not.
Jurat in Curia Thomas Bennett
George Macckall maketh oathe verbatim as Thomas Bennett
Jurat in Curia Geo Macckall n his marke
Ordered that Jury be impannelled
Warr* to the Sherr. to impannell 12 men .... of this County &c.
And .... this Court .... The Sherriff ....
The Jury returns their Verdict in wryting (vizt)
Vpon serious debate of the whole case inter Cager pit Black def* p. 1065
wee finde that the ph hath noe cause of action. Therefore wee
grant to the def* a non suite with all costs and charges there
incurred
The ph Craues an Appeale to the next Pro*^^ Co'* It is ordered
that an Appeale be granted. And that the whole proceeding be sent
up to the next Pro*" Co*^ And that the Wittnesses Subpened haue
thirty poimds of tobacco p day for their Attendance
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SS^ Provincial Court Proceedings, 1661.
Liber The whole busines betweene pit and def* being read in Co'* The
P. C. R- judgem* of the Board is that the pit hath noe cause of accon and
therefore is to pay costs of Suite
Thomas Knowe all men by theis p^'sents that I Thomas Simpson of S*
^*°^Att° ^ Marys County Planter doe constitute appoynte & make my Loving
Thos. Kinsman M*^ Richard Willan of the same County my true and lawf ull
^'Ssmcb Attorney to sue impleade or compotmd & in all things to doe as I my
Batchelor selfe might lawfully doe if I were there personally p'^sent in an
accdn of the case depending Betweene Francis Batchelor of Charls
Coimty att this p'sent Provinciall Co'* now insueing And alsoe to
constitute and make one or more Attorneys for me and in my name
to acte and doe in the p'misses what he shall thinke fitt and Con-
venient for my benefitt, In Wittnes whereof I haue herevnto sett
my hand this 28*** of May 1662 Tho : Simpson
Testis [John] Pille
p- 1066 Willan of S* Marys Comenced Betweene the s^ Simpson
and Francis Batchelor of Charles County Wittnes my hand this 4***
of June 1662 Richard Will. 11
Testes Daniell Jenifer
To the hono^ the Leiutenn* Generall and the Councell of Mary-
land
The himible pet of Thomas Simpson Humbly sheweth That where-
as Francis Batchelor standeth indebted vnto yo' pet' the Sufhe of
fifty pounds of Currant and lawfull money of England, and two
thousand pounds of tobacco and caske, as by obligacon under the
said Batchelors hand appeareth, and foure himdred pounds of to-
bacco and Caske payable to yo' pet' in the yeare of our Lord 1661
now late past as alsoe the Sume of twelue hundred pounds of tobacco,
and caske due to be payd vnto yo' pef this p'sent yeare of our lord
62 as by bill appeareth and one thousand three himdred seaventy
and one pounds of tobacco, vpon accompt all which Sumes yo' pet'
is yett vnsattisfyed
Yo' pet' himibly craveth order as security for speedy sattisfaccon
with costs and yo' pet' in duty bound shall pray &c.
The ph sues p[ro]ut in peticdn The def* Craues a Refference and
desires a coppy of the pite peticon which is granted.
Ordered that the Sherriff take Bayle of the def* to an accon of
one hundred pounds sterl. to be tryed the next Co'*
ReSadleir's To the hono"* the Gouemor and Coimcell of the Province of
Estate Maryland.
The humble peticdn of Hugh Stanley Administrato' of Gyles
Sadleir Sheweth .... And whereas many p'tend discharges yett
Provincial Court Proceedings, 1661. 557
refuse to produce the same, he humbly prayeth that he may be Im- Liber
powred to require view of the said discharges and that if any should ^'^^
obstinately deney to produce the same. And he should Comence accon
against any of them, they producing discharges in Co^ would recover
against yo^ pet*" for vnjust molestacon and soe very much impayes
the said Estate.
He prayeth that if after a modest and legall demand any shall not
produce or showe the s^ discharges whereby he shall be compelled
to enter action ag* any of them, order from this Co'* that the
molestacon may not be accompted unjust & that they may be com-
pelled to pay necessary Suite And he shall pray &c.
Vpon the peticon aboue written It is ordered that the Administra-
tor haue day to the last of August to bring in the ace** of Sadleirs
Estate & that he is hereby impowred to demand sight of all dis-
charges by Sadleir given, and vpon Ref usall to Comence suite ag* the
Refusers in which all Co*** are hereby required to grant noe costs ag*
the Administrator.
The Co'* ajoumed till 9 of the clock in the morning
Thursday 5*** of Jime 1662 Tunc 5
_ At,. Evans T.
Present As before Pile
To the hono"* Philip Calvert Esq' Governor and Chancellor of
Maryland with the Councell of State, The humble Complaynt in
Chancery of W°* Evans of S* Clements Bay in the County of S*
Marys ag* John Pile of Wiccocomaco in the County afores*^ on the
behalfe of James Greenwell sonne of John Greenwell deceased.
The Comph sheweth That John Pille sold vnto John Greenwell
[a] certaine tract of land lying att the head of a Creeke in Brettons
[Bay] .... Nevetts Creeke for the Sume of Eight thousand ....
said Greenwell vnto the said howse, on that land, which was some
charge to him liveing thereon not full two yeares, and then dyed in p. 1068
actuall posson of the same, Leaueing this Compit and James Lang-
worth ffeoffes in trust, for the well ordering and Looldng after his
Child and his Estate during which tyme Pille accknowledgeth to
haue received from Greenwell 400C^ tobacco only which was payd
by him as he Confesseth, though the Comph hath since vnderstood,
and will Endeavor to make appeare how Greenwell before his death
signifyed to some of his Neighbours that he ought the said Pille little
or nothing as touching that Purchase. Further the Compft could
not [have] proved any thing att all payd by Greenwell nor that other
Feoffes late dec*^, but only by M' Piles second Demand, and his
accknojvledgm* or confession as aforesaid noe Accquittance appeare-
ing or found amongst his paps any wayes relating thereto, not soe
much as the Conveyance or Deed of the said land. The Comph
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SSS Provincial Court Proceedings, 1661.
Liber being altogether Ignorant Concerning itt, haueing never read or
P. C. R- seene the same.
Now soe itt is That M*^ Pille by some way or other haueing gotten
the said Conveyance or deed into his custody againe as the Compft
is given to vnderstand And further likewise how that noe Realien-
acon of the said land ever passed from Greenwell to him and p*'tend-
ing posson to be given or granted him by Greenwell in case the
tobacco should not be payd by him hath Entred vpon that Land and
absolutely solde the same to another person since Greenwells death
without course att Lawe dispossessing the Orphant or heire of his
Freehould and libties contrary to the Statute of magna Charta, cap :
29 : & the Statute of Malebrough, Providing in that behalf e And soe
has receiued double pay or sattisfaccon for one and the same land
besides Greenwell being a man illeterate, and Pille himselfe drawing
the Conve)rance betwixt them both, It is to be p^sumed that that
Conveyance is penned in favor of Piles himselfe and his owne ....
p. 1069 Orphant who not haueing estate is thereby made vnapt and conse-
quently disabled to wage Lawe Yo^ Comirft therefore doth clearely
detrect from this busines & in most humble wise throwes itt upon this
bono"* Co"^ Which Notwithstanding He p^sumeth to Instance thus
much & humbly prayes that the s^ John Pille according to the vsuall
course in Chancery putt in his answere upon oathe to every perticuler,
and likewise deliuer the aforemenconed Conveyance to the Co'* And
declare whether itt be the same or not, whether altred or interlined
[by] himselfe or any other since or afore .... or the Signeing and
delivery thereof how he came possed with itt and who writt itt, by
whome the Realienacon was made and before whome posson given
if such thing were, how much tobacco he hath already rec*^ from
Greenwell upon that Sale whether there were not other Reckonings
betwixt them att the tyme of Greenwells departure then that only,
how much he sould that same land for the second tyme since Green-
wells death
Lastly yo*" Compft humbly requesteth this bono'''* Co'* to comis-
erate the p''sent condicon of the s*^ orphant in case itt shall by good
Evidence soe appeare that the Reposson is just and that he be ad-
judged to loose his ffreehould then that the s^ Pille repay the tobacco
rec** att least with forbearance, and Charges of building Greenwell
enjoyeing and possessing the land & plantacdn one yeare only or little
more And he shall pray &c. W"* Euans
To the bono**** Philip Calvert Esq' Governor and Chancellor of
Maryland
[The Answer] of John Pille in his deafence to a bill .... Cott
Will" Evans in the behalfe .... John Greenwell dec*^ Justice when
they haue been enformed of the truth and Examined the reason why
the Feoffees suffred his fathers purchase to be lost when they might
Provincial Court Proceedings, 1661. 559
haue had a greate pte of the debt abated, if they would haue payd Libcr
the Remaynder (as M' Langworth confessed in the Governors ^'^^
p^sence) when they had tobaccoes enough in their hands; and much
more then would haue sattisfyed the def** bond which vnder favor
he maketh bold to Instance that he conceiveth they ought to haue
payd before any single bill or other debt and that they might haue
the less p'sence for doing the Orphant this wrong I proffered to take
& keepe him [as] I kept my owne children without any charge to
the Estate
But before he proceedeth to answere yo' Comand he humbly crau-
eth that there may be noe accepcons nor advantages in lawe taken
against him which granted he will w*** Gods Assistance make a true
answere to each perticuler as the Compk requireth as fully as he is
abell
To his first Compla)mt I answere upon my oathe That the bargaine
Betweene John Greenwell and I touching the land in question was
conditionall thus that for Eight thousand pounds of tobacco and
caske to be payd att three severall payments, as they are menconed
in a Bond, the aforesaid Land should be his, And if he fayled of
any of the three paym** the Inheritance was to remayne to the vse
of me and my heires, And to the end wee might make this our
bargaine the more cleare in case of mortallity wee according to the
best of our Judgem** performed itt in this manner, as wee then
thought might be to the benefitt of each party, First I delivered John
Greenwell the deeds of the land with posson, afterwards John Green-
well redeliu*'ed me posson with a deed (that I haue to showe) To the
vse of me and my heires the posson was performed in this manner
in the p^'sence of M*^ Walter Hall, W" Thompson M" Grinwell, and
W"* Wennam, John Grinwell went forth of the howse and all the
rest of the company with him to give me lawf ull posson ; and I lockt
the doore to take .... depose that afterwards I heare .... a
Condicdn for one thousand pounds of tobacco & caske w** John
Greenwell owed me for the hyre of a servant which Condicon M' p. 1071
Langworth desired should be cancelld and discounted vpon the
Tobacco in my hands received by me before John Greenwells death
wherevnto I condescended, and itt was then p'sently cancelld One hhd
more was due vnto me from John Greenwell for hoggs which M'
Langworth payd to M*" Gardner on my Accompt not long before
his death as M' Gardner informed me further I affirme that I did
showe vnto Coronall Evan's and M*^ Langworth a true and just Ace®
of all tobaccoes received by me from John Greenwell in Coft Euans
his howse when they were both together .... they might haue
knowne if they pleased what was due vpon the Condicon of land,
and I doe affirme upon my oathe th* I haue never to my knowledge
concealed the valine of one pound of tobacco to wrong John Green-
well or his children
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560 Provincial Court Proceedings, 1661.
Liber Thirdly how I came by the deeds I declare vpon my oathe That the
P. C R. tyme of pay being neare I questioning with the Feoffes both together
about my pay they tould me that itt will be to the benefitt of the
Orphant, to lett the bargaine of the land falle and to retume the
deeds unto me (or in words to this effect) which troubled me very
much haueing by my remouall been much brought into debt, And
from M"" Langworths promise confidently depending on itt Soe that
being disapoynted itt proved to me greate damage therefore to
auoyde itt there being foure thousand Eight hundred ninety and two
poimds of tobacco due vpon my ace** I proffered to take three thou-
sand five hundred if they would keepe the land, and make itt the
childs, they not accepting my proffer nor soe much as desireing for-
bearance deliuered me the deeds of the land with theis termes wee
conceiue the land to be yours for were itt the childs wee could not
dispose of itt, or in words to this sence. The Feoffees being both
together in Cott Euans his howse there I received the deeds from
them both together Conceiuing if I should haue refused my land I
could not sue for my tobacco, I was forct to accept of itt ... .
p. 1072 [Fourthly] performed according to our agreem* I doe farther
declare that he heard itt truely read, before he signed & deliuered itt
Fiftly to whome & for how much the land was sould since I was
inforct to take itt by the Feoffees I declare vpon my oathe That I
sould the land to my brother Tettershall for five thousand pounds of
tobacco and caske with three yeares day of payment, I being com-
pelld to sell itt for feare of farther damage, could make noe more of
itt And where Cott Evans sayth I twice sould itt & rec*^ double pay
for itt I doe here affirme that I haue not [rejceived my full Sume
of Eight thousand pounds of tobacco that I should haue had of
John Greenwell nor when I haue received the full debt of my brother
Tettershall I shall not haue sattisfaccon according to my first Bar-
gaine
As for the deeds I declare vpon my oathe I haue noe other but this
which here I deliuer the other are not in my Custody nor at my
power to comand they are my Brother Tettershalls
Lastly whereas Cott Euans p'tendeth ignorance in all things I doe
declare upon my oathe I shewed him & M^ Langworth the Acc° of
the Tobaccoes rec^ by me in John Greenwells life t3rme. And alsoe
the bond for the Eight thousand poimds of tobacco before ever they
deliu[er]ed me back the deeds of the land in CoH Euans his howse
John Pille
To the bono'''* Philip Calvert Esq' Chancello' of Maryland with
the Councell of State
The Reply of Colt W" Euans in behalfe of the orphan of J"**
Greenwell dec** To the Remonstrance of J^ Pille The Complt humbly
sheweth that in his former bill of Complaynt ag* John Pille in the
behalfe of the orphan of J°® Greenwell he truely & sincerely ....
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Provincial Court Proceedings, 1661. 561
and hath since the first Seateing of this Province under the Right Liber
hono^ Caecilius Lord Baltemore absolute Lord and Proprietary ^'^^
thereof (as he is most credibly informed) ever Compassionated
protected and defended Orphans and Widdowes in all their just dues
and demands
But haueing perused & read the def^ answere to his said bill,
wherein he declareth how that he is of the same opinion with the
Comptt as touching the s^ Orphan being very much Injured and
wronged in his Estate Endeauouring with all to cast the whole
cause thereof on the feoffees Sheltring himselfe much on divers
passages and words of one of the feoffees M*" James Langworth dec^
who had .... without the Compits privity and Consent, Further he
Sheweth that the def* demanded one halfe of the purchase of the
Feoffees as unsattisfyed, Soe that itt seemes one halfe was payd by
Greenwell which needed not, when as the def* in his answere sayth
that the purchase was to be payd and sattisfyed att three seuall
paym** which the Comph never understood before neither ought the
feoffees pay that rema)mder before any other law full Signed bill,
if they sawe cause to doe otherwise for the Orphans benefitt, neither
could the def* reenter on that plantacon without course att Lawe,
and that by an Extent only, which he mought haue libty thereby to
haue done, further as to his proffer to keepe & mayntayne the s^
Orphan, as well as his owne Children the Comph is altogether
ignorant of such proffer, yett if such were he much doubteth whether
or noe itt was in his power to performe without his wifes good like-
ing & consent thereto
As to the deP* first answere touching the Land the Comph hath
already spoken, what he understands in that busines, And those
•psons in whose p^'sence the def* declareth Reposson to be given, as
W"* Thompson not long before his death did declare, and M*^ Walter
Hall likewise That they knowe of noe such Passage euer being in
their p'sence. As to his second concerning ace** the def* formerly
.... first sattisfyed for and now .... cannot answere for himselfe p. 1074
whereupon the Comph doth verily beleiue that that looc^** tobacco
was payd on the Acc^ towards the Purchase for the def* doth noe
where in his answere punctually relate and declare how much itt was
that John Greenwell payd him in his life tyme principally to that End
As to the third Concerning the deeds The Comph sayth that he
tould the def* that itt did not lye in the feoffees power to sell the
Orphans land, And therefore required him to take the benefitt of his
Condicon by an Extent if he had power soe to doe. As to the fifth
To whome and for how much &c. The Comph sayth that this was
first rated and solde by the def* to Greenwell for Eight thousand
pounds of tobacco, besides the building erected by Greenwell on the
same in his life tyme which will Amounte to neare 2000*** more. Now
that 2000*^ tob. for building and the just Sume payd by Greenwell to
36
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562 Provincial Court Proceedings, 1661.
Liber the def* (as may ptiy be Conjectured att) out of the def** answere
^* ^ ^ and which the Complt is ignorant of may be aboute 6ooc^ tobacco
att leaste which in fine is the whole Sume of Eight thousand potmds
of tobacco Now againe since the def* hath solde the same land for
5006*** tobacco more to his Brother Tettershall w^** he hath or is to
receiue though att three yeares paym* as he Concdueth, The Compk
humbly beseecheth this hono^'* Co'* to consider whether the def* will
not haue sattisfaccon according to his first bargaine, if he may goe
away with all these seuerall paym**? Lastly in all humillity he
beggeth that the Co'* uouchsafe tenderly to looke upon the Orphan
for if he loose both his ffreehould and soe much tobacco to. That
tobacco is more then the def* sold the land for, the second tyme to his
Brother Tettershall as aforesaid
As to the other the Comph shall not Complye att p'sent but he
shall pray &c. W" Euans
p. 1075 To the bono"* Philip Calvert Esq' Chancello' .... by denyall
thereof for that the Sale p'tended made to John Greenwell was never
perfected by any accknowledgm* thereof made in Co'* or by other
matter of record, things without some one of which an Estate of
inherritance is not transferrible by lawe except only in cases teste-
mentary where a Testators will script may convey an Inherritance
Consequently the def* had a lawfull right to sell the land to Tetter-
shall without the Redeliuery of the Pattent, made by the feoflfees to
him the s** def* much more when they had deliuered itt up to him for
that redeliuery Confirmed their vnderstanding of the bargaine which
had passed betweene John Greenwell to be the same with his this
def* (vizt) That on non paym* of the price .... def* was to dispose
of the said lands inheretance to his best benefitt for his sattisfaccon
which also their silence in th* thing when they knew of his p'tending
to sell & made noe contradiction thereto farther manifested
Secondly that such was the Intencon att the makeing the bond
betweene himselfe, and Grinwell the def* hath already deliuered on
oathe And he is also ready to depose & by others to proue itt; vpon
what Condicons the Feoffees deliuered him the Pattent which also
will further manifest the p'misses
Thirdly to putt another Sence upon the Bond will be in effect to
deceiue the def* of a considerable Sume of tobacco bargained for by
him with John Greenwell but by noe other meanes then the lands
sale recouerable
As for what may be alledged that in conscience after his owne
principall Simie and damages first sattisfyed to him this def* if by
the Sale made to Tettershall or other way any overplus of tobacco
raysed out of Interests of Grinwells will be in the def** hands then in
equity the s** def* ought to pay that Overplus to the Orphant the def*
allowes of the proposicon & is willing to consent therevnto But his
apprehensions are that the Busines well examined the State thereof
Provincial Court Proceedings, 1661. 563
will appeare f arr distant from any such supposicon in a true vnder- Liber
standing humbly prayes the hono^'* Co^ that the considered ^' ^' ^
the ph may be damages & the cause for more then would pay me p. 1076
my due debt by bargaine with John Greenwell that I shoidd pay
vnto them one halfe of the ouerplus of what itt should be more then
Eight thousand pounds of tobacco John Pille.
William Wennam of Charles County in the Province of Maryland
Planter aged 24 yeares or thereabouts swome and examined att the
request of John Pilles of Sarum in the Province of Maryland gent,
sweareth that upon the delivery of a plantacon and howseing lying
on the head of a Creeke in Brettons bay in the County of S* Marys
and Province aforesaid comonly knowne by the name of Nevitts
Creeke by John Greenwell dec** vnto the s** M' Piles th* the said M*^
Piles tooke posson thereof he this depon* being p^sent M' Walter Hall
and W"* Thompson dec** being also p'^sent, and caused the said Green-
well and all then p^'sent forthwith to goe out of doores which being
done the s** M"" Pills shutt and locked the doore he alone rema3ming
within and further sayth not W"* Wennam his + marke
Juravit coram me Henry Adams
Bridgett Shells of this Province of Maryland aged 35 yeares or
thereabouts swome & Examined sayth That her former husband
John Greenhill did deliuer posson of the plantacon he had of M"^
Piles to the s** Piles and caused the s** Bridgett Shells then Greenhill
to goe out of the howse, and then the s** Pilles shutt the doore and
further this depon* sayth not Bridgett B Shells her marke
Jurat coram me Feb : 19*** 1661 L Barbier
Robert Shells aged 35 yeares or thereabouts swome and Examined
Sayth that in the yeare following after John Greenhills death ....
March 21*** 1661 Cornelius Micormack aged twenty yeares or p. 1077
thereabouts sworne & Examined Sayth That aboute a yeare before
his Master Greenhill dyed upon discourse betweene the said Green-
hill & W"* Thompson he this depon* heard his M"" Greenhill say that
if he could but once see M"^ Piles payd Soe that he might cleare the
plantacon for his Child he did not care whether he lived or dyed or
words to this Effect and further sayth not
Jurat coram me L Barbier Comelius Micormack his + marke
Walter Pake aged fifty three yeares or thereabouts being by me
examined by vertue of a Com^ granted from the Right Hono"* the
Govemor of this Province to John Pille gent, for examinacon of
wittnesses vpon oath declareth, That aboute foure yeares since
pa[st] being soone after the death of John Greenwell did heare M'
Langworth say to Cott Evans that itt was convenient to Lett M'
Pille haue the land againe which was sould by the said Pille to
Greenhill rather then to keepe itt further sayth not.
W" Tettersall aged twenty foure yeares or thereabts vpon oathe
declareth that haueing been att M^ John Pille his howse to buy the
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564 Provincial Court Proceedings, 1661.
Liber land formerly called Greenhills att his returae passed by the howse
P. C R. q£ q^ Evans and there tould the said Evans that he botight the land
for fine thousand pounds of tobacco and Caske, then the said Evans
replyed there was five hundred pounds of tobacco due to the Orphans,
and that he had as good haue given vp the bill (which to the best
of this Depon** memory) he sayd was in M"" Gardners posso", att
the first rather then now moreover this depon* did heare M*^ Lang-
worth say in the p^sence of the hono^'* Philip Calvert Governor that
M' Pille had pfFered him seaven hundred pounds of tobacco to be
discounted out of the bills provided that he would keepe the Land for
the Orphans but M^ Langworth replyed that he could not doe itt,
further sayth not
Jurat coram me James Neale
p. 1078 Gardner taken this 30^ vpon, but what the discourse was
this Depon* remembreth not as to the particulers, But this depon*
sayth that to the best of his Remembrance they came to an agreem*
and he thinks there were wrytings delivered unto M*^ Piles After
which tyme this depon* sayth that he the s^ depon* and Cap* Lang-
worth fell into discourse of what had formerly passed and that the
said Langworth did tell this Depon* that he thought itt was better to
lett M"^ Piles haue the Plantacon then to pay the Tobacco w*** M'
Pilles demanded, and to pay the Rent, considering the little proffitt
itt would returne to the Childe or words to this purpose, And
farther this depon* sayth he heard the s** Langworth say that upon
agreem* Betweene them and M*^ Pille that when the said Pille should
sell the plantacon, he was to pay them one halfe of all such profFetts
as the said Pille should make by the Sale over and aboue what was
the said Pilles his due from John Greenhill, and this Depon* sayth
that the said Langworth did relate this upon the Ace** of a bill w**
M"^ Piles had assigned unto this depon* which bill was due from John
Greenhill vpon which Agreement of theirs the s^ Langworth made a
Demurre to pay itt but afterwards because he had promised this
depon* paym* of the bill before such tyme as the depon* accepted of
itt from M** Pille the s** Langworth did pay the s^ bill to this depon*
Yett doubting as the s** Langworth himselfe Related to this depon*
whether Cott Evans would allowe itt vnto him againe, all which this
depon* to the best of his Remembrance and knowledge deposeth vnto
and farther sayth not. Luke Gardner
Jurat coram me Tho Turner
The Deposicon of Emma Turner aged thirty two yeares or there-
abouts swome this 2^ May Sayth that she this Depon* did severall
tymes heare her brother in Lawe M"^ James Langworth say in his
life tyme, that M' Piles must take againe that Plantacon which he
had solde J"** Greenwell, and that they were not able to pay him that
p. 1079 Tobacco which was due to Come into the Country, And that then
M"" Piles might sell the plantacon againe for a good rate At another
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Provincial Court Proceedings, 1661. 565
tjrme this depon^sayth that she heard her brother in Lawe discoursing Liber
with M" Piles aboute her husbands takeing the plantacon againe, ^' ^- ^
and that vpon that discourse her Brother in Lawe did press hard to
haue, for the Childs vse the halfe of such proffitts as M*^ Piles should
make by selling the Plantacon againe He selling itt for more then the
Eight thousand pounds of tobacco which was his due by Condicon
And this depon* heard M" Piles replye that his demand vnconscion-
[able] for these reasons, that the plantacon mought run to Ruine and
lye long vpon their hands and husband wanted pay no sayth she
our full due and my husband shall bate yo" five hundred pounds of
tobacco of the debt, many more words did pass Betweene them two
to this or the like purpose this depon* remembers whereby her brother
in Lawe stiffly urged her for the takeing the plantacon and M" Piles
as earnestly pressed for the Tobacco, farther this depon* sayth that
she remembers that on a certaine tyme which tyme this depon* can-
not certainly call to minde at this depon** now dwelling howse where
her Brother in Lawe then lived that M" Piles did earnest urge M*"
Langworth to tell her whether there were any thing else to be done
aboute the plantacon that noe future Controversyes might arise, and
that her Brother in Lawe did make answere that the plantacon was
her husbands and he might doe with itt as he pleased And farther this
depon* sayth not Emma Turner
Swome before me Tho : Turner.
The Deposicon of Robert Cole aged thirty foure yeares or there-
abouts being Swome and Examined Sayth That Comeing over Wic-
cocomaco Riuer from Cap* Fendall's to M' Robert Slyes howse when
they tooke the Indian Prisoner at Choptico in company with Cott W™
Evans and .... with severall others they there accidentally . . . . M"^
Langworth fell .... he ought to haue Entred upon itt by just Course p. 1080
att Lawe, and that by way of Extent, But what M" Pilles replyed to
this allegacon of M' Langworth this depon* remembers not but they
talked hard and lowd and further sayth not Robert Cole
Jurat coram me Luke Gardner.
This bill bindeth me John Greenwell my heires Executors Adm"
and Assigns to pay or cause to be payd vnto John Pille his heires
Executors Administrato" or Assigns the full and just Sume of Eight
thousand pounds of good sound merchantable Tobacco, and Caske
to be payd att some Convenient place in New Towne att three severall
paym** as followeth the first paym* this p'sent yeare att or before the
tenth of November next ensueing the date hereof seaventeene hun-
dred seaventy nine pounds and three thousand seaven hundred
twenty and one pounds of tobacco on the tenth of November next
following which will be in the yeare 1657 and five and twenty hun-
dred pounds of tobacco on the tenth day of November which will be
in the yeare 1658 and for the true performance and for the further
& better secureing of the said John Pille of each and all the afore-
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566 Provincial Court Proceedings, 1661.
Ubcr said paym** I haue and doe binde over & deliuer vnto John Pille for
P. C R. jjjj^ jjjg heires Executors Administrate or Assigns the three hundred
acres of land with all the howseing &c thereon In Wittness hereof
I haue herevnto sett my hand this 14*^ of October 1656
The i marke of John Greenwell
Test Walter Hall W« Thompson
The Consideracon given to Greenwell for the passing of this bill
was the plantacdn now demanded by the Orphant lying in Brettons
bay. Accknowledged in open Co** by M*" Pille.
p. io8i these words are overlyned ( from me and my heires) assigned over
all my right tytle and Interest in this Pattent vnto John Greenwell
his heires Executors Administrators and Assigns as Wittnes my
hand this 12*^ October 1656 John Pille
This is a true Coppy verbatim Ex*** by me W" Bretton
Testes Walter Hall W"* Thompson
Ordered Feoffee in trust for the pit Greenwell haue posson of the
land here dem**** for the said James Greenwell to the vse the said
Greenwell upon paym* of 4902*^ Tobacco and Caske to John Pille
the Mortgager and both ptyes pay their owne Charge.
Hughes V. This bill bindeth me Thomas Hughes of the County of S* Marys
Smith within the Province of Maryland mine heires Executo" and Adm"
to pay or cause to be payd to Richard Smith of Wiccocomaco Riuer
within the said County Planter his Executors or Assigns Eleaven
hundred weight of good sound merchantable tobacco and Caske
without ground Leaues or Seconds vpon demand In Wittnes whereof
I haue herevnto putt my hand the 16*^ day of November 1660
The marke Fo+ of Tho : Hughes
Testes Tho Williamson Rich Foster his W marke.
Knowe all men by theis p^sents that I Richard Smith doe assigne
over all my right and tytle of this within .... vnto Thomas Darling
p. 1082 his heires or ... . hand the first of January 1661 .... vnto Thomas
Gerrard Esq*^ his heires or Assigns wittnes my hand the first of
February 1661 The marke I of Tho Darling
Testes James Edmunds John Hillerd
Thomas Hughes made oathe that he had payd three himdred
pounds of tobacco of the bill due to Richard Smith and accknowl-
edges Judgem* for the rest in open Co'* John Gittings Qre.
Attorner Then was putt an Informacon ag* Francis Fitzherbert [by] his
^if^^: Lo^ Attorney Generall fo : 102. To which Francis Fitzherbert
demurred m Lawe.
I Neither denying or Confessing the matter here objected Since
by the very first Lawe of this Coimtry Holy Church within this
Province shall haue & Enjoye all her Rights libertyes and Franchises
Provincial Court Proceedings, 1661.
wholy and without Blemish, amongst which that of preacheing ;
teacheing is not the leaste, neither imports itt what Church is th
meant, since by the true intent of the Act Concerning Religion ev
Church professing to beleive in God the father Sonne and l
Ghoste is accounted Holy Church here.
2^^ Because by the Acte entituled an Act concerning Religioi
is provided that noe pson whatsoeuer professing to beleiue in Jc
Christ shall be molested for or in Respect of his or her Religion
the free Exercise thereof, and vndoubtedly preacheing & teache
is the free Exercise of every Churchmans Religion and upon th
craue Judgem*
To the first and second Po3mt, in the Informacon putt ag* th<
Francis Fitzherbert, The demurrer is allowed. The third Po
depends upon the two first and is allowed The opinion of the bo
is that it is neither Rebellion [nor] Mutiny to utter such words a
alleadged the fourth
Vpon the peticon of John Nuttwall
Ordered that M' Elzey and M' Wright appeare att the next F
vinciall Co'* to accqua3mte the Co"^ with M' Nuttwalls busines, j
that Sumons issue to the said Elzey and Wright for their appearai
Ordered that Penelope Hall her busines be referred till the n
Pro*" Co'*
Vpon the Informacon of his Lop* Attorney touching the Esl
of Joseph Lintall.
Ordered that Francis Pope appeare att the next Provinciall Co'
The next Co** is appo)mted by the Leiutenn* Generall on the i
Tewsday in October next.
Thomas Gerrard demands Sumons for Cap* Rob* Vaughar
testefye in causa Snowe & Gerrard.
Subpa mde to the Sherriflfe of Kent County.
John Lumbrozo dem*^ a writt to arrest John Hamond in an ac
of the Case, Warr* mde to the She. of S* M. C.
Marmaduke Snowe dem*** a writt to Sumons John Nevell to
tefye in causa Snowe & Gerrard
Subpa mde to John Gittings to seme ret. next Co'*
William Cole dem^ a writt to arrest Richard Games in an ac
of the Case
oogle
568 Provincial Court Proceedings, 1661.
Liber Warr* mde to the Sherriflfe of S* Marys County to arrest ret. the
^•^^- next Pro*>* Co'*
warr* mde to the Constable to apprehend Richard Games to finde
suretys for his good behaviour
July 29ti> Henry Heylyn Attorney of Cott Rob* Smith dem*** a writt to arrest
, Snwth V. Rowland Haddoway in an accon .... of Baltemore and Anne ....
Haddaway
p. 1084 John Abington Attorney of Cap* Thomas Comewallis demands a
^TJichcIl ^'■*^* *^ arrest Jacob Micheele in an accon of debt to the valine of
8000*^ Tob.
Warr* mde to the SherrifFe of Baltemore County ret ut supra
Evans v. Cott W"* Euans demands a writt to arrest Tho Turner in an accon
Turner ^f the Case.
Warr* mde to the SherrifFe of S* Marys County to arrest &c. ret.
ut supra. Et. E con.
y Caecilius Absolute Lord and Proprietary of the Province of
^- Maryland and Avalon Lord Barron of Baltemore &c. To the SherrifF
of Calvert County Greeting Whereas W°* Cleyboume heretofore of
the He of Kent stands attainted by Act of Generall Assembly of this
Province dated 24*** of March 1637 for Pyracy and murther whereby
his whole Estate both Reall & personall became forfeited then vnto
vs, And Whereas the s** W°* Cleyboume & his Complices haue since
the s** Atta3mder Comitted many Outrages and open Acts of Hos-
tility by which we are dampnifyed att the leaste the valine of 2000*^
sterl : and for which haueing fledd from Justice he stands by Publick
Act of the Generall Assembly of this Province Exempted from
Pardon, And whereas wee are informed that the s** W" Cleyboume
hath of late Accquired some Estate within this Province whereby he
may be attached Theis are therefore to will and require yo" forth-
with vpon Sight hereof to attache any the Estate Reall or personall
of W°* Cleyboume aforesaid, and att the same tyme to Cite or
Sumon Publikly the s** W°* Cleyboume to appeare att the next Pro*"
Co" to be held at S* Marys on the first Tewsday in October next
there to answer to such Trespasses, wasts, misdemeano" Contempts
and seditious practices As our Attomey shall haue to Charge him
with on our behalf e & then & there returne this writt Giuen at S*
Marys this 7^ August 1662. Wittnes our deare Brother Philip
Caluert Esq"^ our deputy Leivtenn* of our s** Province
r. John Abington Attomey to Cap* Thomas Comwallis demands a
2 writt to arrest W" Boareman in an accon of the Case.
s Warr* mde to the Sherr. of S* Marys County ret. the first day of
" the next Co'*
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Provincial Court Proceedings, 1661.
John Little demands a writt to arrest Andrew Dickson and Gril
George in an accon of the case.
Warr* mde to the Sherr. of Calvert County ret. vt supra,
jdem con jdem accon of the Case.
Warr* mde
John Hammond dem*** a writt to arrest Walter Pakes in an ac
of the Case.
warr* mde to the SherrifF of S* Marys County to arrest &c.
jdem dem^ Subpa ad testificand Robert Slye & Hugh Stat
Subpa mde
Francis Batchelor dem*** a writt to arrest Thomas Simpson in
accon of the case
Warr* mde
James Clifton dem*^ a writt, to arrest Rob* Macklane & Margai
his wife in an accon of defamacon.
warr* mde to the SherrifF of S* Marys County ret ut supra
John Little dem*** a writt to arrest Andrew Dickson and Grifi
George in an accon of the Case
warr* mde to the Sherr of Calvert County ret ut supra
Idem dem**' a writt to arrest jdem in an accon of the case
warr* mde to the sherr of Calvert County ret ut supra.
issued M' Richard Collett for Hannah Lee according .
Jdem dem*^ Subpa to Sumons Robert Cager and Thomas Benn
to testefye &c.
Subpa made to the Sherr. of S* Marys County
John Warren dem*^* a writt to arrest Thomas Mathews as Exec
to Cottens' will in an accon of the Case.
warr* mde to the Sherr. of S* Marys County ret ut supra.
Rob* Slye dem*** a writt to arrest W™ Battin accon of the case.
Warr* mde to the SherrifF of S* Marys County &c
Thomas Gerrard Esq*" demands a writt to arrest George Reyno
in an accon of Debt to the vallue of 2800*^ Tobacco.
warr* mde to the SherrifF of S* Marys County ret ut supra.
jdem dem^ a writt to arrest George Thompson in an accon of
Case to the vallue of thirty thousand pounds of tobacco and Caske
warr* mde to the Sherr. of Charles County ret. ut supra :
570 Provincial Court Proceedings, 1661.
Liber John Abington demands a writt to arrest W" Lowry in an accon
AWnSo^ofthecase
V. Lowry Warr* mde to the Sherriflf of Calvert County ret (ut supra)
Johnson v. Daniell Johnson demands a writt to arrest Thomas Gerrard in an
^^^^^^ accon of debt
Warr* mde to the Sherriflf of S* Marys County to arrest &c. ret ut
supra :
Turner v. Thomas Turner demands a writt to arrest Cott W" Evans in an
Evans accon of the Case in Chancery
warr* mde to the Sherriflf of S* Marys County to arrest &c. ret ut
supra:
Evans v. CoH W"* Evans flfeoflfee in trust to the Estate of John Medley
^^^^* dem^ Sumons ag* M' Robert Qarke in an accon of the Case. Sum-
ons mde
Fendall v. Cap* Josias Fendall dem^ a writt to arrest John Hatch in an accon
Hatch of the Case 4000"* tob. valine. Warr* mde C. C. sher.
p. io97 John Little demands Subpa ad testificand Gabriell Bartley and
Di^on Sampson Warren to testefye in Causa Little, & Dickson & Griffith
George.
Subpa mde to the Sherr. of Calvert County
Stanley v. Hugh Stanley demands a Simions in Chancery ag* Thomas
Burdctt Burdett.
Simions mde to the Sherriflf of Charles County &c
jdem dem*^ Subpa ad testifficand James Jolly and Griffith George
& Andrew Dickson to the Sherr of S* Marys C.
Lumbrozo v. John Hamond dem*** Subpa Luke Gardner int suite of Lumbroso,
Hammond ^^^^ ^^^ ^^ ^^ ^YitTT of S* Marys County.
Jdem demands Subpa in the same Case for Robert Macckey Subpa
mde to the Sherr of Calvert Comity.
Barber v. Doctor Luke Barker dem*^ a writt to arrest W" Morley in an
Morley accon of the Case.
warr* mde to the Sherr. of S* Marys County &c.
Stanley Hugh Stanley Amd"^ to Gyles Sadleir dem*** a writt to arrest
^S«n$S-fe ^^^^^^ Smith Attorney of Walter Senserfe Adm*^ of James Scapes
Adminr in an accon of the Case
warr* mde to the Sherr. of Calvert Comity &c
Provincial Court Proceedings, 1661.
Christean Holte dem^ Subpa ad testificand for W"" Wilkin
Elizabeth Hatton & James Hall.
Subpa mde to the Sherr. of S* Marys County
Peter Achillis demandeth a warr* agt John Lumbroso in an ac
of the Case.
warr* mde to the SherriflF of S* Marys County
Nicholas Young demands a writt to arrest Robert Slye in
accon of debt.
Warr* to the SherriflF of S^ Marys County to arrest &c.
for Cap* Boarman to
.... a writt to arrest Daniell Clocker in an accon of the Case
warr* mde to the SherriflF of S* Marys County to arrest &c.
Robert Maccklyn demands a writt to arrest John Pollard in
accdn of defamacdn.
Warr* mde to the SherriflF of S* Marys County to arrest &c.
jdem dem*^ Subpa W°* Innis Christopher Humphrys and \
Moron to testefye &c.
Marks Pheypo dem*^ a writt to arrest W"* Smoote & Richard Ti
Warr* mde to the Sherr of Charles County &c.
George Gooding demands a writt to arrest George Bradshawe
an accon of the Case
Warr* mde to the Sherr. of Charles Cotmty to arrest &c
Daniell Johnson dem*** Subpa for Rob* Henley and Edmt
Pinson to testefy in Causa Johnson & Gerrard
Sumons mde to the Sherr of Charles County &c.
At a Provinciall Co^ held att S* Marys on the 7^ October 166^
Present Charles Calvert Esq*^ Gouemor Philip Caluert Esq' D
uty Leiutenn* and Chancellor Henry Sewall Esq' Sec' Baker Broc
and Henry Coursey and Rob* Qarke Esq" Councellors.
The phe peticon being read the def* alleadged that there \
nothing but a Coppy of a deed produced that till the Originall \
produced he ought not to answere and therevpon Cited the k
Cooke whereupon the Co'* tooke tyme to Con But Marmadi
Snowe imediately produceing the Originall deeds the Co'* was cal
againe Whereupon was read a deed produced by the pit signed Al
Snowe attested by Thomas Bayley Walter Snowe and Edward L
oogle
572 Provincial Court Proceedings, 1661.
Ubcr Conveying the Estate here demanded vnto Jdith Snowe mother to
P. C R. ^j^g gd Abell dated 2y^ June in the 18*^ yeare of the Sou'aigne Lord
Charles &c Annoq* domini 1642 which the def desired mig^t be
proved to be the deed of Abell Snowe whereupon the said deed was
Confronted with the Coppy to which Walter Snowe and Edward
Lees made oathe that itt was a true Coppy before S*^ Richard dyott
one of the M" of the Chancery in the Kingdome of England which
Coppy now remaynes vpon Record with the attestacon of S*" Richard
Dyott which Coppy did agree verbatim with that deed now produced
as the Originall deed by Marmaduke Snowe the pit Then was
read a deed from Jdith Snowe to Marmaduke Snowe Conveying the
Estate menconed in the former deed of guift vnto Marmaduke
Snowe her sonne beareing date first June 1649 attested by William
Fynney and Thomas Sutton John Oulsnam Robert Turner which
was likewise Confronted with a Coppy to which W" Fynney and
Thomas Sutton made oathe that itt was a true Coppy and that their
names together with two more wittnesses thereto subscribed were
heir owne proper hand wryting and attested by S' Richard dyott one
Master in Chancery as aforesaid which Coppy was foimd to agree
with the Originall Whereupon they proceeded And p Attomates
Thomas Manning and .... abatem^ to the peticon for .... Jdith
Snowe his mother ....
Oct 8 Wednesday the Eighth of October 1662
p. 1090
Present as Before.
Then was resumed the debate of the busines Between Marmaduke
Snowe pit and Thomas Gerrard def** wherevpon the Co** ordered
that the writt doe abate, and that the Bond wherein M' Gerrard was
bound not for to imbezill his Estate, and to make his appearance att
the Co'* be delivered in which was done accordingly
Marmaduke Snowe p Attomat John Hammond demands Scire
facias for Thomas Gerrard to make his psonall appearance att the
next Provinciall Co'* there to shew Cause why Execucon should not
issue vpon the Judgem* Con f est by the s** Gerrard in England.
Ordered that he haue a Scire facias according to his Demand.
Parratt v. To the Hono"* the Gouemor & Councell of Maryland
Estate The humble peticon of W" Parratt Sheweth That whereas Thom-
as Belcher is indebted to yo' pef six hundred and sixty pounds of
tobacco and Caske yo' pet' humbly Craues order for the said debt and
he shall pray.
Vpon the peticon aboue written M' John Bateman Adm' of the
said Belcher Confesseth Judgem* for the aforesaid Sume of six
hundred and sixty pounds of tobacco, ....
Provincial Court Proceedings, 1661. 573
Then was Called before the Board Peter Sharpe and John Gary Liber
who were suspected to Breake open the Govern" letters and for Attorney
proofe thereof was produced theis following papers. Aboute the General
first weeke of July there came a letter from the Governor directed ^^ Sharpe
to M*^ Edward LLoyd & the lawes of the Country rowled vp which p. 1091
were both well sealed & deliuered to me Thomas Manning which I
safely deliuered the same to James Elton in like manner Sealed
Tho. Manning
This I accknowledge to be the truth James Elton.
And James Elton declares that he delivered the s** letter and
Rowle of the lawes well sealed to Henry Kent which Henry Kent
accknowledged to be true.
And Henry Kent declared that he deliud the s*^ letter & Rowle
of the lawes well sealed to Thomas Dawbone which Thomas Daw-
bone accknowledged to be true.
And Thomas Dawbone declared that he deliued the said letter and
Rowle of the lawes well sealed to Thomas Evans which Thomas
Evans accknowledges to be true and they were p'^sently deliued in
like good Condicon to W" Sparkes of the same howse which he
accknowledges to be true.
And the s** W" Sparkes declares that he deliued the s^ letter and
Rowle of lawes well Sealed to Isaack Abrahams which Isaack Abra-
hams accknowledged to be true.
And the s** Isaack Abrahams declares that he deliued the said
letter and Rowle of lawes well Sealed to Tho : Eldrid which Thomas
Eldred accknowledged to be true
And the s** Thomas Eldrid declares he deliued the said letter &
Rowle of lawes well sealed to John Boulton .... Boulton accknow-
ledged to be true that he deliued the ... .
And Robert Harwood declares that he deliuered the letter and p. 1092
lawes of the Country well sealed to Peter Sharpe and they wer.e
safe deliuered to his servant Margery Greiue which she accknow-
ledges to be true And Margery Greive declares that she deliuered the
letter and lawes to Nicholas Carr But Nicholas Carr affirmes vpon
oathe that when. the letter and Rowle of lawes were brought to him
the Seale of the letter was defaced and some of the Seales of the
Rowle And the s** Nicholas Carr tould Tomazin Kent who was then
there .... & that somebody had been nibling about th* that did not
Conceme them and the s** Nicholas Carr affirmes vpon oathe that he
p^'sently called his Boy Henry BrufF to carry the s** letter & Rowle
of lawes to the next howse to Tobias Miles
Nicholas N Carr his marke
Swome before me this 6* Sep* 1662 Tho. Manning
The Mayd is Peter Sharpes Servant who when she was from her
Masters howse in a manner denyed what she tould me there And
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574 Provincial Court Proceedings, 1661.
Liber Rob* Harwood tould me that John Gary was fingring the lawes of the
P. C R. Country and sayd he would very f ayne reade them, And Francis
Riggs tould me that Doctor Stansby would sweare the letter had
been sealed with Salue
Tomazin Kent and Martha Carre affirme vpon oathe th* the Seale
of the letter & lawes were defaced when they were brought to
Nicholas Carrs howse Tomazin T Kent his marke
Swome before me 6* Sep* 1662 Tho. Manning
p. 1093 And the said Henry Bruff declares that he deliued the said letter
and lawes in such Condicon to Tobias Miles which Tobias Miles
accknowledges to be true.
And the s** Tobias Miles deliuered the s** letter and Rowle of
lawes in such Condicon to Robert Humfrey and the s** Robert Hum-
frey affirmes that the letter was broke open which Tobias Miles
acdcnowledges to be true.
The dep" of ff rands [Riggs] aged 26 yeares or thereabouts this
27*** Sep* 1662 Sayth That being at Cap* Samson Warings he heard
Cap* Manning and other people discourse Concerning the breaking
open of the Governors letters & by all circumstance they foimd
that they were broke open att Peter Sharpes And that John Gary
wisht he could see the Acts of Assembly & that he this depon* heard
John Stansby say that when the letters that were goeing vp came to
their howse he found them sealed with some Salue and further
sayth not Francis Riggs
Jurat Coram me Philip Calvert
Margery Greive swome in open Co^ sayth that she had the letter
from her Mistres and that the Seale of the Rowle was whole, but
knoweth nothing of the letter John Gittings Qre.
Ordered that Cap* Thomas Manning examine vpon oathe Edward
Lees or any other person concerning the breakeing open of letters
that if they refuse to sweare for to binde them over to the next Co"
p. 1094 *he said Augustine Herman the Sume of one thousand five hundred
Herman p. ninety two pounds of tobacco by accopt which remaynes still vnsat-
Richa^ tisfyed. In Consideracon whereof yo*^ pef humbly craues an order
Collctt V. for the s** Tobacco. And he shall pray &c
Qocker Cott John Price is Debtor vnto M*" Augustine Herman as appeares
ExcCT. of by tj,e note of perticulers
[p)yne == To one hhd and 7 Gallons of the best white C03me 1 i tob
ognac ^^^ ^^^ double Barrel! of Strong Beere amounts toj 1640
To 36 deale Boards att 20 foote a peece att i* p foote 0726
due vpon the last yeares Accompt. 0202
2568
Provincial Court Proceedings, 1661.
Creditor p Contra
By Beefe and Porke 0
By 2 hhds of tobacco * net 787* which are still 1
remayning in the Tob howse marked with his J 0
marke
I
Remaines due i
In the former Acc*^ there was forgotten to be charged one Bus
and halfe of pease
These Things were delivered to the Overseer & especially to
Hide who knowes all things and the acc*^ of pticulers betweene vs
At a Co" held att Newtowne for the County of S* Marys the i
of December 1661
Present James Neale Esq"^ CouncelK
Coll W™ Evans
M' Tho : Dent
M'Rich.Willan
Com''
M*" John Lawson
-M' Tho. Turner
M' Richard LLoyd
Francis Ward aged 25 yeares or thereabouts Sayth the sa
verbatim with Henry Hide & f luther Sayth not Francis Ward
Copia vera teste me Walter Hall Ch-k.
The ph sueth p[ro]ut in peticon And the def* confessing the d
It is Ordered that he pay fifteene hundred and ninety two pounds
Tobacco to the ph vnles bring Receipts for itt.
This Cause is Respitted till to-morrow morning.
To the Hono"* Gouemor & Councell of the Province of Maryla
The humble pet** of Josias flfendall Humbly sheweth That \
Kidson Servant to M*^ John Hatch did without yo' pet" order
knowledge carry two Yoimg horses of yo' pet" from place to pi*
whereby one of them rec** his death And although yo"" pet*" will 1
directly Charge him with killing the horse with his owne hand y
by the Evidence itt may be very probably Conjectured.
Wherefore the p'misses considered yo"^ pet' doth humbly . .
Honors will be pleased to take itt yo' . . . . The def* W" Kids
denyes that he did Carry the horses from place to place but sa]
that he did ride vpon a Mare before them from his Masters hov
I to Cap* Fendalls with intent to carry them to Cap* Fendalls wh
) Mare they followed and which was done by ord^ from his Master.
Warr* to the SherriflF to impannell a Jury
The SherriflF returned his writt & warned
itizert by Google
576 Provincial Court Proceedings, 1661.
libcr Nicholas Young Foreman George Reynolds Robert Maccklane
P. C R. Thomas Bennett Robert Cager German Gillett Henry Hide Marke
Pheypo Francis Hill George Thompson W°* Hatton & Francis
Batchelor Gent, who takeing the whole busines into their Custody
together with the deposicons here under written withdrew and went
to trye the Cause, and after some tyme returned and brought in their
Verdict endorsed on the backside of the declaracon and answere thus
(vizt) It is the Verdict of the Jury that the def* is guilty.
M*^ John Hatch aged fifty yeares or thereabouts swome and ex-
amined 14*^ August 1662 Sayth That Cap* Fendalls two yoimg
horses being with this depon** Mare in his Come f eild, he Catched his
Mare and bid his Serv* W"* Kidson to ride on her to Cap* Fendalls
and carry his horses home and tell him of them And further sayth
that he remembers he heard the Children or Servants say that the s*
Kidson when he was goeing with the horses tooke vp in his hand a
burnt sharpe locus Stake and further sayth not.
Jurat coram me James Neale.
p. 1097 M" Alice Hatch aged 44 yeares or thereabouts swome and Exam-
ined Sayth .... and after he rose he run very stoutly as if he were
not hurte; and did leape over the fence into the Come-feild and soc
into the woods, after this depon* sawe them not, this depon* was
tould by her sonne John that their Serv* sayd att his retume that
Cap* ffendalls man had jeered him, but they needed not for he had
given one of them enough intending by Jeereing and further sayth
not.
Jurat coram me James Neale.
John Taylor aged 20 yeares or thereabouts Swome Sayth That
when Cap* ffendalls horses went from his Masters Cow penn he this
depon* sawe noe hurte that either of them had, nor heare of any
hurte they had and further sayth not.
Jurat coram me James Neale
Rob* Cooper aged 17 yeares or thereabouts swome sayth that
when Cap* Fendalls horses went from his Masters plantacon he
knowes not of any hurte they had and further sayth that he sawe W°*
Kidson when he went to carry home the horses take with him a long
sloping Stake sharpe att one End and further sayth not.
Jurat coram me James Neale
Jacob Griffyn aged 13 yeares or thereabouts swome Sayth That
when Cap* ffendalls horses went from his Masters plantacdn he sawe
noe hurte they had & further sayth that he sawe W°* Kidson that
went home with them haue a long sloping stake in his hand burnt and
sharpe att one End and further sayth not
p. 1098 .... with this depon* to take care of them, and sayd he would
not watch them day and night to which this depon* replyed what is
itt to me, but desired Cap* Fendalls mayd to goe tell her Master,
which she did and this depon* went to lyte his pipe and Cap* Fendall
Provincial Court Proceedings, 1661. 577
came imediately out, But M** Hatches man had taken the Mare and Liber
rode as hard as he could away And then Cap* ffendall and this depon* P. C R.
lookeing att the horses espyed one of them hurte with his gutts
hanging out, which horse that same day dyed & further sayth not
Jurat coram me James Neale
Elizabeth Holte serv* to Cap* ffendall aged 18 yeares or there-
abouts swome Sayth That on Whitsunday earely in the morning one
of M' Hatches men came to her masters howse & sayd he had
brought home two of her Masters young horses This depon* went
vnto her Master & tould him & comeing out againe tould the fellow
her M' was comeing but he would not stay but tooke horse & ridd
as hard away as he could and this depon* further sayth that she
heard M' Hatches man say that he would not watch the horses day
and night, but if they came there againe he would sett them home in
the divells name, and this depon* goeing p'sently after to milke sawe
one of the horses running aboute with his Gutts hanging out and
further sayth not.
Jurat Coram me James Neale
Henry Jaques Servant to Cap* Fendall aged 24 yeares or there-
abouts swome Sayth That Comeing from his Masters Quarter to his
howse he saw there a Young horse of his Masters with his Gutts
hanging out and that .... Hatches howse he found M' Hatch att p. 1099
Nine pins with his Servants Soe that he Could not Enquire any thing
of them But M*" Hatch himselfe tould this depon* that his Masters
young horses had been there for sayd he that Logerhead my man
Will brought th" from the ould Plantacon last night and I kept th"
vp all night and this morning sent them home But if they come here
againe He send them home in the divells name vpon which this
depon* demanded of M' Hatch if he had done any hurte & he sayd
noe they had done noe hurte But the Mares had Eate his Come out
of the howse in the wynter all which when this Depon* Came home
he related to his Master whereupon his M*" desired M' . . . . and M*"
Lomax to goe and beare his s** M' Company to see the Blood that
this depon* had tould th" off And also Commanded this Depon* to
goe with them and shew itt them which he did and further sayth not.
Jurat Coram me James Neale
M*" Thomas Hotley aged 28 yeares or thereabouts swome the 29***
Aug. 1662 Sayth That he this Depon* being att Cap* Fendalls howse
the night before Whitsunday in the moming earely heareing a Noyse
in the Yard he rose & comeing downe helped Cap* Fendall to catch
one of his horses Running aboute with his Gutts hanging out which
this Depon* heard Cap* ffendalls people say that M*" Hatches man
brought home with another horse and after Cap* Fendall had Catched
the horse & . . . . him this Depon* heard Cap* Fendall bid one of his
men goe towards M*" Hatches and see if he could track horses Blood
cutt whose returne he reported he ... . into M*" Hatches cleare
37
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578
Provincial Court Proceedings, 1661.
Libcr ground Cap* .... Thomas Lomax . was perfectiy to be diserned
^p.^ioo ^^^ further sayth not
Jurat G>ram me James Neale
After Verdict deliuered, this Cause is Compounded; and the pit
to pay Costs of Suite.
Lumbrozo v.
Hammond
G^rt. Thos.
Mamiing
Attonwy of
John
Abii^gton
y. Jacob
Michelle
p. IIOI
The i^t haueing nothing to say A Non suite is granted to the def*
To the hono^^ the Gouemor & Councell of Maryland
The humble peticon of John Abington Sheweth That Whereas
Jacob Micheelson is indebted to Cap* Thomas Comewallis five
thousand two hundred pounds of Tobacco and Caske, and should
haue been payd in the yeare 1659 as by the Bill more fully appears.
Yo*" pet*^ humbly craves Judgem* for the said debt with interest and
Cost of suite and he shall pray &c
Knowe all men by theis p'sents that I John Abington of S* Marys
Coimty doe appoynte my f rdnd Thomas Manning of the Cliffes to
be my lawfull Attorney in all Causes depending which are against
me in the Province of Maryland & what he shall doe or cause to be
done I doe Rattifye and
The pit sueth p[ro]ut in pet The writt which was to arrest the def*
is not returned, therefore Respitted.
Greene's This day came Elizabeth Greene and W" Greene her husband and
Bail Bond George Marshall and accknowledged to owe to the Lord Proprietor
the full & just Sume of 26* sterling that is to say the s** Elizabeth
Greene and W" Greene did accknowledge to owe the Sume of fif-
teene pounds and the s** Marshall the Sume of five potmds if the said
Elizabeth Greene shall not keepe the peace towards all the people of
this Province especially towards James Woosey & make her appear-
ance att the next Pro*" Co**
Cott
William
Evans v.
Thomas
Turner
£t E. con.
William
Battin v.
Robert Slye
Robert Slye
V. Wa
Battin p.
Attorn. Cap*
Fendall
p. 1 102
Both referred to the next Co**
Respitt till to morrow
This Bill bindeth me Cap* William Battyn of Pikaiwaxen in the
Province of Maryland Merchant my heires Executors Administra-
tors or Assigns to pay or Cause to be payd to Samuell Smith or his
order the full and just Quantity of six thousand five htmdred potmds
of good sound well Condiconed tob: and Caske to their or either
of their Likeing in the aforesaid Province of Maryland att or before
the lo*** day of October next ensueing the date hereof In Wittncs
whereof I haue herevnto sett my hand this 26*^ day of March 1661
The mke WB of W°» Battyn
Testes Mary Vander Dounck Mathew Qarke.
Provincial Court Proceedings, 1661.
Knowe all men by theis p'sents that I William Battyn of Q
County in the Province of Maryland Merch* doe hereby autli
Constitute, and appoynte Cap* Josias ffendall my true and la
Attorney in my name and stead to pleade to and answere 1
Suites in Lawe Comenced for or against me to the next Provi
Co** to be held att S* Marys hereby Rattifying and alloweing ^
soever my said Attorney shall doe therein to be as fully in
as if I my selfe were personally present Wittnes my han<
October 1662 The WB marke of W" Batt
Testis Edmund Pinson Dan Johnson
The i^t sueth for six thousand and five himdred pottnds of tol
and Caske due from
Luke Gardner came into open Co'* and accknowledged the
of a Pattent of 200 acres to Hugh Hopewell
Vpon the peticon of Coii W" Evans against M"^ Rob* Clark
300*** Tob and Caske due by Bill the said M'^ Clarke Confe
Judgem* for the aforesaid Sume.
To the Hono^ the Gouemor & Councell of the Provinc
Maryland
The humble peticon of William Batt)m Sheweth That wherea
Samuell Smith dec** his heires or Executors stands indebted t(
pet' two Mares and one f oale as also 300^ Tobacco and Caske ;
fimerall Charges, Therefore itt is the humble request of yo' pe
Grant him an order for his said debts And he shall pray &c.
The pit sueth pro ut in pet" The def* pleades that he is not 1
nor Executor but Administrate and therefore desires the writt
abate which was granted.
The Co^* ajoumed till 9 of the Qock in the morning
[Thursday the 9*** of] October 1662 ....
In Consideracon of which the abouesaid Samuell Smith
binde himselfe his heires or Assigns to withstand sattisfye or
vnto M' Cornelius Stenwick whatsoever Bonds bills or Ace** the
Stenwick hath to charge the said Batting with (vizt) A Bill o
Richard Lords, and one Bill of M' Augustine Hermans, and v
soeuer Accompts else from the beginning of the world vntill this
as Wittnes our hands this 27*^ of Oct. 1660
Knowe all men that the partyes abouesaid are to performe
their agreem* by the last of March next As Wittnes our hands
Scales The mke of WB William Battyn 0 Samuell Smith
Testis Edmund Pinson Robert Robins Thomas Stone
oogle
580 Provincial Court Proceedings, 1661.
Ubcr May the 8^ 166 1
P C R
Rec^ of Cap* William Batting foure thousand pounds of Tobacco
in full of all Ace** betwixt the s** Batting and Cornelius Stenwick
I say rec^ the day and yeare aboue written -p me That is to say for
M"" Augustine Herman and for all debts or demands Concerning his
Negros bought by the s^ Batting Sam : Smith
Ordered that M*" Slye secure foure thousand poimds of tobacco
in his hands out of the Estate of Samuell Smith deceased, and that
he doe soe farr forth secure Cap* W" Battyn against any demands
of Cornelius Stenwick to be made vpon any Bonds bills or Accompts
due from the said Battin to M"" Richard LLord or M"" Augustine
Herman And also all ace** from Stenwick to Battyn from the date of
p. iios the Condicon aboue menconed of seven thousand seven hundred
Eighty six pounds of tobacco and Caske with 2 yeares forbearance
which att 8* in the htmdred comes to one thousand two htmdred
ninety and foure poimds of tobacco & caske Therefore yo"" pet*^ in
the behalfe of the Administrato" Craveth order for the aforesaid
Stime of nine thousand and Eighty pounds of tobacco and Caske
with Costs of Suite And yo"" pet*^ as in duty bound shall pray &c
This bill bindeth me W" Battin of Pikaiwaxen in Maryland
Merch* me my heires Executors & assigns to pay or Cause to be
payd vnto M' James Scapes in Company Merch* of North Yarmouth
in the County of Norrige in England heires Executors or Assignes
the full and iust Sume of nine thousand seaven hund** sixty and six
pounds of good sotmd merchantable Leafe tobacco and Caske to be
payd Betwixt Brettons Bay and Portobacco in Potowmack river att
or before the lo*** day of October next As Wittnes my hand this 28*^
of March Anno dmni 1660 W™ WB Battin marke
Testis Edmund Pinson Peter Mills his P marke.
Vpon the back of which Bill was writt this receipt ( vizt) Received
by me W" Dorrington in parte of payment of this Bill of W" Battjm
for the vse of James Scapes the Sume of 2213*** of tobacco I say
rec^ by me W" Dorrington.
Richard The pit sues pro ut in pet" The def* confesseth Judgem* for ... .
Att(S?i!^y ^t tobacco & caske w*** Costs
Walter
Scnscrf c & Reffered till next Co'*
Henry . .
p. 1 106
John The pke peticon being read The def* desires that the writt may
^ V^?tcr ^^^^ ^" regard of the Error in the declaracon whereupon a Non
Pakcs suite was granted to the def*
James
Robert ^o the hono^** the Gouemor and Councell of the Prouince of
Maccklane Maryland
Little V. The humble pticon of John Little Sheweth That Andrew Dicken-
^"^^"gt ^" ^"^ Griffith George stands Indebted to yo' pet^ twelue thousand
Provincial Court Proceedings, 1661. 581
pounds of tobacco in caske for which he prayeth order with costs Liber
occasioned And he shall pray &c. ^' ^' ^
Be it knowne vnto all men by theis p'sents that I John Little in the
County of Calvert Planter haue Constituted Ordained and made M""
John Hammond of the County of S* Marys in the Province of Mary-
land my true & lawfull Attorney to aske require leavy and receive
in my name for me and to mine vse all manner of debts whatsoever
they be of all manner of persons in any wise to me due pertayning
or belonging in any parte or place within this Province, or to Consti-
tute an other Attorney Giving & granting to my said Attorney my
full & whole power and authority in the p^'misses to playnt arrest,
Sue declare, impleade imprison cause to be Condemned and to release
the s^ debtors, recouer & receive for me and in my place, as is men-
coned afore all & singuler things, that shall be expedient
Knowe all men by theis p^'sents that wee Andrew dickson and p. 1107
Griff)m George of the Hunting Creeke in the County of Calvert
Planters doe binde our selues our heires Executors Administrators or
Assigns to pay or cause to be well and truly payd vnto John Little of
the same place & County Planter the Sume of twelue thousand
pounds of good merchantable Tobacco and Caske to be payd the
tenth of October next Ensueing the date hereof As Wittnes our
hands & Seales this 13*** day of May 1661
signed Andrew A D Dickson signed Griflfyn M George
Signed Sealed and deliuered in the p'sence of us Samson Waring
Gabriell Barkeley
The Condicon of this Obligacon is such that if the aboue bounden
Andrew Dickson or Griffyn George or either of them their heires or
Assigns doe deliuer Betweene the date hereof and the latter end of
Whitson weeke two Bills the one beareing date and payable the 10*^
of October 1661 and the other payable the 10*** of October 1662
wherein John Little standeth bound to Thomas Leitchworth and
Oliver Geery in the Sume of 6583*^ Tob. of tobacco that then this
Bond to be voyd and of noe effect or else for to stand in full force
and vertue Wittnes our hands & Seales the day and yeare aboue
written
signed A D Andrew Dickson signed M Griffyn George
Signed Sealed & deliuered in the p'sence of us Samson Waring
Gab : Barkeley
The pit sueth p[ro]ut in peticon for 12000^^ tob. The def* answeres
that he has fully Complyed with the Bond and the Co'* haueing fully
heard both partyes ....
To the hono^^* the Gouernor and Councell of the Prouince of p. 1108
Maryland
The humble peticon of John Little Sheweth That Andrew Dickin-
son and Griffith George stands indebted to yo*" pet' tenn thousand
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S82 Provincial Court Proceedings, 1661.
Liber pounds of tobacco with caske as by Bond appeareth for which he
P. C R. prayeth order with Costs of Suite And he shall pray &c
Knowe all men that wee Andrew dickson and GriflFyn George of
the Hunting Creeke in the 0>unty of Calvert Planters doe binde
our selues our heires Executors or Assigns to pay or cause to be
payd vnto John Little of the same place and County Planter his
heires Executors Administrators the Sume of ten thousand pounds
of good merchantable Tobacco and Caske to be well & truly payd att
or before the 25*** day of december next ensueing the date hereof As
Wittnes our hands & Scales this 13*** day of May 1661
Signed Andrew A D Dickson signed GriflFyn M George
Signed Sealed & deliuered in the p'sence of us Samson Waring
Gab. Barkley
The Condicon of this Obligacdn is such that if the aboue bound
Andrew dickson and GriflFyn George doe deliuer and make over one
able man servant Betweene 14 and 26 yeares of age for the Tearrae
of foure years Service vnto the abouesaid John Little or his heires or
Assigns, and to make paym^ of One thousand nine hundred and
fifteene pounds of good Merchantable Tobacco and Caske vnto the s^
Little by the 25^ of December next and to ... . and saue harmles
from one Bill of fifteene himdred and fifty pounds of tobacco where-
in the said Little standeth bound vnto the Estate of Richard Hicks
deceased that then this bond for to be voyd and of noe eflFect other-
wise for to rema)me in full force & vertue
p. 1109 The pk sueth p[ro]ut in pet The def* pleades non est factum
jdwn^dHt wherevpon the Co'* Considered and
Ordered that the Bill for 1550*** tob be imediately delivered to the
pk that the def* doe pay to the pit by the lo*** of December next the
Sume of 191 5* Tob. and one able man servant or else pay the for-
feiture of the Bond being ten thousand pounds of tob.
Warren v. To the Hono^'* the Gouemor & Councell of Maryland
Mathews
vide I The himible peticon of John Warren Sheweth That Edward
Bal wm 7 (^q^^^jj j^d jj j jjy j^jg i^^^ ^jn ^ testament amongst other legacyes
by him bestowed ordaine and bequeathe vnto Ignatius the sonne of
yo*" pet' a Mare foale, which the care of performance caused him to
express doubly and theis words (vizt)
I give vnto M' Starkey my ould Chesnutt Coloured Mare Provided
that the aforesaid M*^ Starkey doe give vnder his hand a specialty
vnto John Warren that he shall deliver and give vnto him the first
Mare Colt that the aforesaid Mare shall bring which shall be for his
Sonne Ignatius Warren which I give vnto him.
And leaste the s** Ignatius should be frustrate of haveing & En-
joyeing a Mare foale certaine, he adds thus, I doe give vnto Thomas
Mathews the Younger, the young Mare two yeares ould Provided
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Provincial Court Proceedings, 1661. 583
that if she doe bring a Mare foale, before M' Starkey3 Mare that Ubcr
itt shall be given to Ignatius Warren Now soe itt is may it please yo' ^' ^' ^
Honors that vnknowne to the Donator the said Mare of Thomas
Mathews did first bring a Mare foale which properly belongeth to
yo' pet" Child It being a maxime in Lawe that animum Testandi is
ever to be observed and followed for Edward Gotten not knoweing
when he made this will that the Mare of young Thomas Mathews
(which three dayes .... had brought forth a Mare foale) had ....
Ignatius to have the first
The pk sues p[ro]ut in pet* The def* produces a Generall discharge p. mo
from the said John Warren and further pleades that the foale be-
queathed dyed before demand made of the legacy Ordered that M'
Thomas Mathews proue that the first foale of the Mare bequeathed
to Ignatius Warren his Sonne given by Edward [Gotten] ....
deceased be dead or lost before demand made by the next Provinciall
Go'*
The Administrato" of Gott John Price Gonfesseth Judgem* in Nuttall v.
open Go'* to John Nutthall in the Sume of three himdred and ^^inr
Eighty pounds of Tobacco two Armes Length of Roanoke and one
pound of Beaver.
The hiunble peticon of Thomas Gerrard Sheweth That yo' pet' Gcrrard v.
Commenced a Suite in New Towne Go** against one George Rey- ^^^^ ^
nolds for Tobacco due by Bill in which Suite the Attorney of yo'
peticon' was non suited vpon a p'tence of a Statute that noe bill shall
be sued but in the Goimty where itt was made
The p'misses Considered itt is the humble desire of yo' pef^ that yo'
t Honors would be pleased to Consider the greate Inconveniencyes
that soe dangerous a p'sident may bring in this Province and graunt
vnto yo' pet' an order for his just debt and he shall pray
The def* denyes that he owes any thing to the said Thomas
Gerrard and the said Gerrard not being able to prove any debt due
to him selfe, but only a Bill due to Speake he is Non suited
Fryday the 10*** of October .... past demise grant and to farme Oct 10
Lett vnto yo' pet' a parcell of land lying and being in this Province j|^** ^'
comonly knowne and Called by the name of the Herring Greeke plan- p. mi
tacon, being formerly the land of his Brother Thomas Bushell de-
ceased, and Gomeing and discending due to him as heire in Lawe
from his said Brother Gout, aboute three hundred acres of land, with
all buildings Edifices and Ereccons therevpon for a certaine tearme
of yeares expressed in the s** deed or Lease.
Which land and building when yo' pet' came to possesse and
Enjoye he found one ffrancis Hill in present posson there of imploy-
ing and makeing Trespass and waste vpon the same, and although
•i
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584 Provincial Court Proceedings, 1661.
Liber yo^ pet' legally dem^*** possession and forbid and forewarned the
P. C R. 52^i J jjjii further to intermedle thcrew*** yett he still holdeth & per-
sisteth in the same.
He Therefore prayeth that yo' pet"^ by Order of this hono* Co"
may be in Qniett posson thereof and the said Hill Ordered to pay
damage and Costs of suite And he shall pray &c.
The Def* answeres that he is possessed by the Guardians of Joseph
Boulett and the Guardians pleade in behalfe of the Orphan Age
Prier [right]
And the Board Considered that the Tryall was not Betweene Colt
William Evans and Bolett, but Betweene Cott William Evans and
Francis Hill which Hill being of full age they cannot allowe age
prayer Therefore proceed to the proofe
The Board finds Francis Hill guilty of the Trespass, The pk
proues the Lease Entry and Outry
M*" Robert Clarke swome in open Co'* sayth that he William
p. xxia Bushell as the Brother of ... . and further sayth not .... of S*
Marys of the one party, and Cott William Evans of the County
aforesaid of the other party Wittnesses That the said William Bush-
ell for divers good causes and Consideracons me therevnto moueing,
haue demised granted and to f arme Lett and by theis p'sents doe for
me my heires Executors and Administrators demise grant and to
farme Lett vnto the said Cott William Evans all that Seate of land
which was formerly Thomas Bushells Comonly knowne by the name
of the Herring Creeke Plantacon being by Estimacon three hundred
acres be itt more or less. And all howses Edifices, Buildings Tobacco
howses. Hen Howses hogg howses. Orchards Gardens Easements
and Comodityes therevnto belonging or appertayning To haue and
to hould the said three hundred acres of land and all other demised
p'^misses with the Appurtenances and every parte and parcell thereof
vnto the said Cott W" Evans his heires Executo" and Adm" from
the day of the date hereof vnto the End and tearme of three yeares
next ensueing yeilding and paying vnto the s** W" Bushell his heires
Executors and Adm" one pepper Come yearely att the nativity of
our blessed Lord and Saviour if itt be demanded In Wittness where-
of I haue herevnto sett my hand and Scale the day and yeare aboue
written W" Bushell © his marke
Signed Sealed and delivered in the p'sence of vs Tho: Bennett
Robert Cager.
Thomas The pit is Non Suited and to pay Charges.
Gerrard y.
Th^^fn To the hono^'' yo^ petf humbly Craveth order of Co** for the
Thomas said debt with cost & Charge of suite And yo^ pet' shall pray &c.
Johnson This Bill bindeth me Thomas Gerrard my heires and Assigns to
V. Gerrard p^y or cause to be payd vnto Daniell Johnson or his Assigns the full
Provincial Court Proceedings, 1661.
Slime of fiue thousand five hundred pounds of good sound Tob
with caske fitt for Merchants vse which is for a valluable Consic
con already received and is to be payd vpon all demands As Wit
my hand this 24^ of February 1661 Tho. Gerrai
Wittness Robert Henley his 1 marke Edmund Pinson San
Dobson
The def* answeres that he did Signe such a Bill and other bil
Daniell Johnson but itt was vnjustly gotten at dice, The Wittnc
sweare th* the bill was given in Consideracon of the deliver
another Bill given by Robert Henley to Daniell Johnson for
thousand five hundred pounds of tobacco
Ordered that the def doe pay vnto the pk 550^** Tobacco
Costs of Suite
To the hono^ the Gouemor and Councell of Maryland
The humble pet" of John Abington Sheweth That whereas
Lowry doth vnjustly possess parte of yo*" . . . . pef hath Survs
and Pattented as ... . said William Lowry be ... . my Trusty f n
to be my true and law full Attorney in a Case depending Betw<
M' Abington and I the said W" Lowry and doe hereby theis p'^s
give my Attorney full power to sue or impleade imprison or Rel<
to acquitt or discharge in as full and ample manner as if I my s
were there in -pson wherevnto I sett my hand and seale 26*^ I
1662 the mke M of W" Lowr
Testis George Hardesty Gab. Barkeley
The def* by his Attorney James Jolley sayth that the land
survayed for Alexander Maggruder and th* he hath payd rent fo
but can produce noe CertilP of Survey out of the office nor vnder
Surveyors hand
This Cause is Respitted till next Co^
To the hono^** the Chancellor of Maryland and Coimcell of St
Hugh Stanley in humble manner Complayneth That in Febri
1660 Thomas Burdett Confessed Judgem* to Thomas Trueman f
heifer and Calfe, the milke of th* Heifer with Costs of Suite
The same Co** he arrested yo"^ Orato' but discontinued his suite
October Co*^ following, he againe arrested yo' Orator & obtey
order to pay him a Heifer and Calfe, with such dammage as he
payed the said Trueman. Yo"^ Orator further sheweth that after
s^ order the said Burdett came vnto him and demanded 3000*
tobacco in Hew of that order but yo*" Orator disputing his dem
offered him sattisfaccon according to the Contents of his s^ or
and sent one James Jolly along with him to pay him who v
together as both yo^ Orator and the s** Jolly Conceived sattis
con, Tobacco due to the s^ Burdett more then the ordinary c
oogle
S86 Provincial Court Proceedings, 1661.
Liber of Suite, but Cattle only, which he was ever ready to sattisfye and
sent one to perf orme, and that the Ref usall was in the said Burdett,
not in yo' Orator.
He further Conceiveth that the said Servants being vnder his lo***
writt of Subpa Commanded to Co'* were by vertue of that Subpa
exempted from Execucon vntill their retume from whence they came
But had Tobacco not Cattle been due by that order he appre-
hendth itt could not haue swelled to that vast sume of 3152* and
therefore humbly prayeth
That yee will be pleased in Tender Consideracon of yo"" Orators
greate suffring and infinite disgrace hapned hereby to grant his lo^*
writt of Subpa directed to the Sherriff of Charles Coimty, where the
s** Burdett resydeth to Compell him the said Burdett to appeare be-
fore yo' honors to give an Accompt how soe greate a Charge hath
arisen vpon his demand, and that he the said Burdett may be Com-
pelled to accept of his Cattle soe ordered him with his just and
reasonable Costs and Restore him his said Servants with such dam-
mage as he hath suffred by that seazure and detention And he shall
pray &c.
The def* Answeres that he has done nothing but what he had warr*
from the Chancellor.
The pit desires that his Wittnesses may be Examined which was
Granted.
Ordered that the Sherriff of Calvert County doe bring in the
writt of Execucon ag* the next Co*^ and give his Attendance together
with M' Thomas Burdett to Qeare the busines
Stanley y. To the hono^** the Gouemor and Coimcell of Maryland .... And
EstSc further sheweth that whereas the s** Sadleir and Scapes were very
6 intimate, and before they had ballanced Ace** were vnhappyly
drowned together And that the Adm' of the said Scapes did receive
by vertue of those notes the greater parte of the said 6464* after
the decease of the said Scapes and Sadleir and one hhd more of
Nicholas Carre and standeth noe way indebted to the said Scapes
either by booke or otherwise as he knoweth of
He therefore humbly desireth that the Estate of the said Scapes
may be responsible for the said 6464* of tobacco Ballancing the said
2013* tob. knowne due as aforesaid
Ordered vpon the pet" abouesaid that M*" John Bateman and M'
Thomas Manning doe state the ace** Betweene the pit and def* as
Adm" to Scapes & Sadleir and reporte itt to the next Pro*" Co'*
r.
To the bono'*"* the Gouemor & Councell of State
^ The humble petf* of Nicholas Young Sheweth That Samuell
Smith dec** being indebted to yo"" pet' 2440* of tobacco in Caske, did
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Provincial Court Proceedings, 1661. 587
order the said debt to be sattisfyed in the hand of M" Anne Tilney, libcr
and to that Effect wrote to her the said Tilney desiring her to make ^* ^* ^
payment of the said debt which she ref useth to performe
He therefore prayeth order for the said debt ag* M' Robert Slye
Administrator of the said Smith with Costs of suite And he shall
pray &c.
M" Tylney Yo" were pleased the last yeare to send me word by
M" Gerrard that the Tobacco due to M' Stenwick was ready but I
had noe tyme to looke after itt, till such tyme as yo' Tobacco ....
for soe much, and this my noate shall ingage me to deliver yo" M*" p. 1117
Hoskins his bill vpon the receipt of the whole debt, thus not
,; Questioning but yo" will Complye with my reasonable demands I
, remayne Yo** to Comand Sam: Smith
- November 16*** 1661
t Ordered that the def* as Adm' to Samuell Smith pay two thousand
£ foure hundred and forty pounds of tobacco, and that Nicholas
^ Young doe give vnto M' Robert Slye a bill of Sale for a Negro
^ which was in Consideracon for the afores** debt
To the hono^^ the Gouemor and Councell of the Province of Barber v.
Maryland ^^'^^
E The hiunble pet" of Henry Heylyn Attorney of Luke Barbeir That
Richard Morley and the said Doctor Ltike Barber did by an In-
strum* vnder their hands beareing date 8*** October 1661 become
bound each to other in the Sume of 1006** Tob. in Caske for the
true performance of certaine Condicons in the s** Instrument Con-
tayned as relacon being therevnto had will more largely appeare
Yett now soe itt is may itt please yo' honors that the said Morley
hath not performed his parte of the aforesaid 0>ndic5ns by reason
whereof the s^ Barber is much dampnifyed.
The p'misses Considered yo' pet^ humbly prayes that the said
Morley may be ordered to make paym* of the s** 1006** Tob. according
to the Tenor of the aforesaid Instrum* And he shall pray &c.
The def* pleades that his name is not Richard but W" Morley
therefore desires that the writt be Nonsuited which was ....
to the Landing of Richard True some fiue or six yeares since, Pheypo v.
And did agree with one W" Smoote and the said True to Trim and Smootc &
repayre the said Shallop for 1600** of tobacco, and delivered the same Jj^us
into their posson to the same Effect, as by Wittnes will appeare which
they never returned to yo' pet' Wherefore he humbly Craveth that
yo' Honors will grant him order for sattisf accon for the said Shal-
lopp with damages & Cost of suite And he shall pray &c.
I Knowe all men by theis p'sents that I Will"* Smoote of Charles
County in the Province of Maryland Boate Right doe hereby Con-
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S88 Provincial Court Proceedings, 1661.
Liber stitute and appo)mte Thomas Lomax of the s^ Province my true &
P. C R. lawfull Attorney in my name and stead to pleade too and answere the
Suite of Marks Pheypo Commenced against me to the next Provin-
cial! Co'* to be held att S* Marys the 7^ October next, hereby Ratti-
fying and alloweing whatsoever my said Attorney shall doe herein,
to be as fully in force as if I my selfe were there personally p^'sent
Wittness my hand the 17^ day of Sept. 1662
W" W Smoote his marke
Signed in the p^sence of Josias Fendall George Taylor
Richard True makes the same Attorney as William Smoote ut
supra.
The pk sueth pro ut in pet" And the Co*^ doth find that the pit
hath noe Cause of action vpon Examinac5n of the whole matter
p. 1 1 19 therefore the pk is Non Suited
[Gooding y the Likeing and Consent of yo^ pet' first had therevnto which
Bradshaw] g^^jj promise the said Bradshawe hath accknowledged before divers
persons in this Province
Yett now soe itt is may itt please yo' Honors that the said Brad-
shawe not respecting his said promise did sometyme about Novem-
ber last Sell yo'' pet"^ to Cap* W" Boarman without the Consent of
yo"^ pet^ Contrary to Lawe and Equity
The p''misses Considered yo^ pet*^ humbly prayes that the said
Bradshawe may by this Hono'*** be Compelled to take yo^ pef into
his owne Service againe ; or else to sell yo"^ pet*^ to such person as yo""
pet^ shall make Choyce of And he shall pray &c.
The def* pleades that he did not sell him but with his Consent as
may be proved by the Oath of Cap* W" Boarman and Cap* Boar-
man takeing his oathe in open Co'* that he did not buy him ag* his
Consent. It is Ordered that he seme Cap* Boarman till the tyme
accustomed for Servants be expired.
Morris The pit Complaynes ag^ the def* for that he hath wounded and
Caot^Robt L^"^^d, him The which the def* denyes.
Troope Vpon which was impannelled a Jury who are as followeth (vizt)
Cap* Nicholas Gwyther Foreman John Metcalfe Vincent Atcheson
George Bradshawe Nicholas Yoimg John Nevell Marks Pheypo,
George Macckall John , Daniell Qocker John
Wayhope
.... Murfees Complaynt ....
p. 1 120 At a Co'* held att New Towne for the County of S* Marys the
'"Haiirnd^6*^ofJunei662-
and c contra Present M' Thomas Mathews M' Richard Willan M' John Law-
son M' Luke Gardner M*^ Richard LLoyd Com"
Provincial Court Proceedings, 1661. 589
To the Wopfull the Com" of S^ Marys County Liber
P» C* R>
The pet" of John Lumbroso Sheweth That yo*" pet' haueing sould
certaine Goods to John Hammond as drinke Sugar and other things
to the valine of 1000* of tobacco, And when yo' pet' came to demand
bill for his debt the said Hammond refused to give him any Where-
fore yo' pet' Craves order for his debt or the Co'' compell the said
Hammond to give yo' pet' security for the next yeares payment And
he shall pray &c.
Gent. These are to Certefye yo^ that M' Hammond did buy of
Doctor Lumbroso one Anker of Brandy & lOO** of Sugar the which
Brandy and sugar Peter Mills & John Davies carryed from my.
howse by the s^ Hamonds order, And this I am ready to depose if
thereto Required
June 26*^ 1662 W" Euans
Lumbrozo Accompt
M' Hammond debtor
To one Anker of Brandy 0500
For one hundred pounds of Sugar 0400
For two Turkeys 0100
The pk petitioning the Co'* for one thousand pounds of tobacco
due from the def* by an Accompt, which accompt the def* accknowl-
edgeth the Receipt of the Goods But doth alleadge that he was not
to give the ... . here Rated wherefore ....
Att a Co'* held att New Towne for the County of S* Marys the 5*** p. "21
of August 1662
Present Cott W" Evans M' Thomas Mathews M' John Lawson
M' Luke Gardner M' Richard LLoyd Com"
The Dep" of William Price aged 24 yeares or thereabouts This
depon* being att the howse of M' John Hamond aboute the latter
End of January last, John Lumbrose came in, And this depon* &
some others being drinking called for a Bottle of Liquor saying M'
Hamond I must not pay soe deere as the rest in regard I am to gett
nothing by yo" in the same goods. And the said Hammond was
Content further this depon* sayth that the s^ Lumbroso about a fort-
night since sayd if M' Hammond would pay him as they Cost him
he desired noe more And further this depon* went with the s** Lum-
broso, and one of the Sonns of the s^ Hammond when the s^ Lum-
broso gaue the s^ two Turkeys, This Depon* asked the s^ Lumbroso
vpon what ace** they were deliuered And the s^ Lumbroso sayd that
M'* Hammond made & washt his Linnen for sattisf accon and further
sayth not W"* Price
Swome before me this 4*** day of August Tho. Mathews
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590 Provincial Court Proceedings, 1661.
Liber The def* craues an Appeale to the next Pro^ Co^ It is ordered
P. C R. that the whole proceeding be sent to the next Pro*" Co'*
Walter Hall Ok,
At a G>^ held att New Towne for the County of S* Marys the 5*
p. 1122 oi August 1662
Present Cott W" Evans M' Thomas Mathews M' John Lawson
M' Luke Gardner M"" Richard LLoyd Com"
To the Worpfull Com" of S* Marys County
The humble peticon of John Hammond Sheweth That the last
Spring yo' pet*^ bought of John Lumbroso certaine Goods for a
Sume of tobacco by them agreed on pajrable att the Cropp who
offered him Bill for the same which he delayed to take, he professing
very much kindnes & severall extraordinary Curtesyes to him yo' pet'
but by his frequenting yo' pet" howse, and by some discourse dropt
from his wife and the s** Lumbroso, he foimd cause to forwame him
his howse, The s** Lumbroso being soe debarred of his former ad-
mittance sends one Isham to demand bill of yo' pet' for a greater
Quantity then was due to him which yo' pef refused to pass, he the
s** Lumbroso reported that he had intrusted yo' pet' with his Goods
and Could not gett payment. But that yo' pet' would haue had him
layn with his wife for sattisfaccon and broached the same soe Con-
fidently and frequently that itt became a Generall discourse and hath
soe blemisht yo' pet' that he is become the by word and Scoff of
many and hath soe irrepayrable injured him both in this Province
and Virginea that itt hath woly taken away his hope of Liuely hood.
He therefore prayeth that the matter & aggrevacons may be seriously
taken notice of and he repayred according to the merritt of his Of-
fence and yo' pef* suffrings And he shall pray &c
p. 1 123 John Sheirtcliff aged 44 yeares swome and Exam .... Co** ....
she would or words to that Effect & further sayth not
John Sheirtcliffe
Walter Pakes aged fifty foure yeares swome and Examined in
open Co'* sayth, That sometyme the last Spring being att the howse
of M' Sheirtcliffe, he this depon* did heare att the howse that Doctor
Lumbroso should say that M' Hammond had proffered him his wife
to lye w*^ her in sattisfaccon of some Goods the said Hammond had
of the said Lumbroso, And this depon* goeing home to his howse
mett with M' Hamond where this .... did reprove the s** Hamond
for proffering his wife to the s** Lumbroso whereupon M' Hammond
answered this depon* that he asked the s^ Lumbroso why he gaue his
wife an Elle of fine Holland and the said Lumbroso answered him,
that he gave itt her for the tymes he had layne with her. And the s**
Hamond swore many Bloody oathes and called the s** Lumbroso
Provincial Court Proceedings, 1661. 591
Rogue and Villaine & sayd he had forwamed him his howse, And Liber
further the said Hammond sayd that the said Lumbrozo tould him ^' ^' ^
saying that if yo" and I be Partnors yo" must not take notice of itt &
further sayth not. Walter Pake
Gent. These are to certefye yo" that sometyme the last yeare Doc-
tor Lumbrozo did tell me that he had been att M^ Hamonds to
demand some tobacco of the s** Hammond, and that the said Ham-
mond would haue the s** Doctor to lye with his wife for his Tobacco,
and [if] he would not take that pay he would pay him [no] other-
wise and the s^ Doctor did .... in his heart to accquainte .... I
shall depose
The fit Craues an Appeale to the next Pro*" Co'* which is granted.
vera Copie Ex p Walter Hall Qk
And the aforesaid Jury returned their Verdict vizt Murfcc v.
We find Cap* Robert Troope guilty of the disabillity that Morris '^^
Murfee hath received in his lymbs. Ordered that they goe out againe
& Consider of the Damage.
And the Jury returned againe after some t3mie and brought in their
verdict touching the damage as f oUoweth
The Damages wee find Eight thousand pounds of tobacco for
Murfee, Ordered that Cap* Troope give in security to pay vnto
Morris Murfee Eight thousand pounds of Tobacco with Costs of
Suite, and that 1060* tobacco be payd Cap* Gardner out of Murfees
Eight thousand pounds of tobacco.
The Jurys Verdict touching John Lumbroso pit and John Ham- Lumbrozo v.
mond def*. Hammond
Wee finde noe Cause of Action.
The Jurys Verdict touching John Hamond pk and John Lombroso Hammond
jp£t V. Lumbrozo
Wee finde for the pit five thousand pounds of tobacco damages
with Costs of suite
[A petition from Christian Bonnefield is printed in 3 Md. Arch. P- "24
r^«« ^#;o 1 r o Bonncfidd
Coun. 463.J y^ Holt
Vpon the peticon abouesaid It is ordered that whatsoever Chris-
tean Bonnefeild can make appeare to be hers before the p'tended
marryage with Robert Holte, or that is purchast with that Estate
shall be restored to her the land excepted, and that she doth Con-
tinue in that howse as formerly vntill further order of this Co'* and
that Dauid Holte haue letters of Ad~^
To the hono^** the Leiutenn* Generall & Councell of the Province Smith v.
of Maryland, Sheweth The humble pet" of Henry Heylyn Attorney Haddaway
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592 Provincial Court Proceedings, 1661.
Liber to Cott Robert Smith of Lancaster G^unty in Virg* That Rowland
P. C. R. Haddoway did by bill beareing date the 30*** day of Aprill 1661, be-
come bound to the said Cott .... Smith of .... of Eighteene hun-
dred .... sweete Sented tobacco in Cask .... then next ensueing
as ... .
Brandon July 22^ 1662
p. 1 125 M*' Henry Heylyn
There is (as I am informed) now liveing in the River of Patapsco
in Maryland an ancient man named Rowland Haddaway formerly
an Inhabitant in Lancaster County in Virg* This Haddoway att the
tyme of his departure from Virg* was indebted to me a Suihe of
tobacco, as this Enclosed Specialty will Evidence my Request to yo*
is that as my Attorney yo" will cause him be arrested to the Quarter
Co'* att S* Marys, and Craue the Justice of that Co'* in my behalfe
for the Recovery of the debt, and whatsoever yo" shall Act in order
to this Request, or what Accquittance or discharge yo" shall give
upon receipt either of the whole or any parte of the debt, I shall
make good & accknowledge as done by my selfe who am
Yo' assured f reind
Robt Smith.
I doe hereby Certefye that being SherriflF for the County of Lan-
caster the last yeare anno 1661, 1 had severall tymes order from Colt
Robert Smith to arrest Rowland Haddoway who then lived in the
County in an acc5n of debt, and haue heard the s^ Haddoway confess
himselfe indebted to CoH Smith
July 17th 1662 Mathew Kemp
This Bill bindeth me Rowland Haddoway of the County of Lan-
caster, my heires Executors & Adm" to pay or cause to be payd
vnto Robert Smith of the same County his heires Executors or
Assigns the just Sirnie and Quantity of Eighteene hundred pounds
weight of well Conditioned sweete Sented Tobacco of my owne
Cropp with good Caske att or vpon the first day of November which
p. 1 126 The pft sues as in pet" The def* nor none else for him appeareing
and the writt returned Executed by the SherriflF, Ordered that the
SherriflF produce the security taken or pay the debt.
Holt V. Whereas there hath been severall Controversyes Betweene Dauid
Bonnefield jj^j^^ g^^^ ^^ Robert Holte and Christean Bonnefeild the reputed
wife of the s** Rob* to Conclude and period which both partyes haue
agreed as foUoweth That is to say the said Dauid is to haue holde
and Enjoye for ever all the land any way belonging to the said
Robert as heire to him the s** Robert, and Concerning all other goods
Chatties & moueables they are to be equally divided the said dauid
to haue the one halfe, and the said Christean the other halfe except-
Provincial Court Proceedings, i66i.
ing the Carpenters and Coopers Tooles, which the s^ dauid ia
appropriate to himselfe and excepting one new bed Ticking, 3
Hammack, and one Mayd Servant named Jane, And the war
Qoathes and Omam** of the s^ Christean, which the s^ Christeai
to haue, and that she Hue Quietly in the howse as f ormeriy vntill
tenth of Aprill next. And that all debt of the s^ Holtes and Chai^
ariseing, ab* the Estate of the said Holte be equally payd Betwo
them, and in Case they agree not Betweene this and the lo^** of
next moneth ab* the devision of the s^ Estate then they are to cho
each an Indifferent person to make the devesion and they . . . . wh
agreem* shall be definite ; . . . devision to be only intended of . .
Estate of the s^ Robert Wittnes our hands
The Co^ is Ajoumed till 9 of the Clock in the morning.
Sattirday the 11*^ October 1662
Present as before
Cap* John Savage is accused by the Attorney Generall for tradei
with the Indians without Lycence from the Lord Proprietor, or t
Leiutenn* Generall M*" Revell findeing him tradeing & finding al
Come vpon the Shoare ready to take in & Come in the Boate
appeareth by the oath of M*" Randall Revell
M*" Randolph Revell my Respects p^'sented vnto yo" and to )
good wife S*^ I vnderstand that itt is My lords pleasure that wee sh
haue our Boate and Goods againe, S*" my request to yo" is to Cc
sider my greate loss and damage that I haue received by being si
prised by yo" for soe small a trifle but I hope wee shall now lay
side all such things of discord as hath been acted and become f rein
and Neighbours as wee haue been heretofore, flFreind My Request
yo" is that yo** would be pleased to gett my Sloope deckt upp and
gett her Trimd for me by the last of September, & yo" shall inga
me to make yo" just paym* for what yo" shall doe in the p''miss(
f reind M*^ Boarman hath promised me that he shall send one vp th
is a Carpenter that will doe the Sloope if yo" can but procure Ta
the old Cable that is in the Sloope yo** may make Okum of for h
pray p'^sent my kind loue to M' Jons and to all the rest of our f rein
and neighbours soe haueing noe more att p'^sent to trouble yo" wi
I take my Leaue giving yo" many thancks for yo' civill Entertain
att yo*^ howse Remayne
.... in her and the Charge of the Sloope vnto Edward Shai
man with order that nothing should be imbezelled or disposed
without his order and Charge that wee should not medle wi
any thing that was in them but left no Roaneoke to buy no pi
vision vntill wee did heare other order from him, and after ti
dayes stay there which wee did according to his order, wee brouj
the aforesaid Boates aboute to his landing att Manokin and
Dogle
594 Provincial Court Proceedings, 1661.
Liber them three of the men that did belong to them and the said M'
P. C R. Revell had hyred an Indian to guide other two of them to the hoWse
where I Hue att Manokin, and Cap^ Savage and the ould Gunner went
with M*^ Revell & further sayth not John i M Markham his marke
Swome this 23*^ day of August 1662 before me John Elzey
And further this depon* affirmeth that to his certaine knowledge
not one or any of those persons were Comitted Prisoners to any
Indians John i M Markham his marke
The Deposicon of Edward Shearman aged 24 yeares or there-
abouts Swome and sayth that when M*" Randall Revell had taken the
Sloope Shallop and small Boate that was with Cap^ John Savage
att Marie Creeke and Tradeing with the Indians the s^ M*^ Revell
Comitted the Charge and Care of the Sloope vnto me with what was
in her and the Charge of the Shallop vnto John Markeham with
order that nothing should be imbezelled or disposed of without his
order, and Charge that wee should not medle with any thing that
was in them but left Roaneoke to buy us provision vntill wee did
heare other order from him; and after two dayes stay there, wee
did .... to his order, being the said .... Manokin, and in them
3 .... to them. And the said M*^ . . . . other two of them .... att
Manokin .... And further this Depon* doth affirme that to his Cer-
p. 1 129 taine knowledge not one or any of these persons were Comitted
Prisoners to any Indians. Edward + Shearman his marke
Re Land's This day came Anne Land and disdaymed her Executrix ship to
Estate the Estate of Philip Land.
Attorney The deposicons & papers before menconed being read The Cou**
General v. Considered that they cannot proceed to Condemnacon in the ab-
tSavaire
sence of Cap^ Savage; and doe therefore order that the s^ Savage
doe appeare att the next Provinciall Co'* to be houlden att S* Marjrs
on the first Tuesday in December next att S* Marys by himselfe or
Attorney to make his defence and that in the Interim the Sloopes
Boates or Shallops with all other Goods taken from the s^ Savage
by Randall Revell be kept within the Jurisdiccon of this Province
in the Custody of Randall Revell.
Re Belcher's Vpon the peticon of John Bateman Adm"^ to Thomas Belchers
^**^* Estate and Nicholas Gwyther joyneing issue vpon all accompts and
bills whatsoev' belonging to or from the said Estate, It is Ordered
That John Bateman pay vnto Nicholas Gw)rther 1242** Tobacco and
Caske being the Ballance of all Accompts and Nicholas Gwyther and
the s^ Bateman discharge each other vpon payment
Attorney Then was Called afore the Board Robert Stack and being de-
^^*Sudl "^^d^^ whether he had sattisfyed tenn shillings, the one halfe to the
Lord Proprietor the other half e to which he for that he
Provincial Court Proceedings, 1661.
James Bowlyn aged 25 yeares deposeth and sa)rth That in
yeare 1655 M'* Eltonhead had 3 whole Shares vpon her owne
compt, which Shares was sent for England ariseing to the Quai
of sixteene hundred pounds of Tobacco p share And Retume m
And as M*^ Henry Meese informed me itt was sould for 4^ i p
England in the yeare 1656 M" Ehonhead had alsoe three w
Shares properly belonging to her selfe which Shares Amounte
the Sume of Betweene 12 and fourteene hundred pounds of tob;
a Share and further sa)rth that this was before W" Eltonheads
tate was appraysed.
Swome in open Co^ 10*^ October 1662 John Gittings Qre :
The next Co"^ is appoynted by the Leivtenn* Generall on the sec
day of December next :
yo" that yo" make knowne vnto the said Thomas Gerrard t
he be at our next Provinciall Co"^ to be houlden att S* Marys on
second of December next to shew Cause if any he have, why the s
one Thousand pounds Sterling should not be leavyed vpon his La
Goods and Chatties, and to Marmaduke Snowe to whome the Ri
of the said Abell is Conveyed as by deed from the s^ Abell to Jc
Snowe, and from the s^ Jdith to the s"* Marmaduke appeareth
delivered according to the force and Effect of the said two seve
Recognizances, and have yo** there the names of those persons
whome yo" have made this knowne vnto Given att S* Marys 1
day of October 1662 Wittnes our deare Brother Philip Calv
Esq' our Chancellor of our s^ Province of Maryland.
Signed Philip Calver
Thomas Gerrard Attorney of Valentine Peyton who marryed
' Administratrix of Thomas Speake dem^ a writt to arrest Geo
\, Reynolds in an acc5n of the Case to the vallue of soorf Tobacco.
,^ Warr* mde to the Sherr. of S* Marys County to arrest &c. ret.
first day of the next Co'*
^ Sumons issued to the Sherr of Calvert County to appeare att
^: Co'* and to answere the suite of Hugh Stanley
October 18*^ Doctor Luke Barber dem*** a writt to arrest Willi
Morely in an acc5n of the Case.
Warr* mde to the Sherriff of S* Marys County to arrest &c 1
If ut supra.
Google
596 Provincial Court Proceedings, 1661.
Liber Cap* Josias Fendall and Robert Henley Adm" to Cap* Russell
F ^i ^^^^ ^ vfTitt to arrest Robert Slye in an accdn of the Case to the
Adminr. vallue o£ I SCO** Tob. as Adm"^ to Samuell Smith.
^* AdJS^ Warr*mdeto the Shei-riff of S*. . . . &c. ret . . . .
p. 113a Thomas Sprigg as Attorney of Thomas Jorden who is agent for
^^Stol^ John Harris and Partner dem*^ a writt to arrest Hugh Stanley in an
accdn of debt to the vallue of 4006* Tob.
Warr* mde to the Sherriff of Calvert County ret 2^ dec next
Cagcr V. Robert Cager demands a writt to arrest Richard Accworth in an
Accwortli accon of the Case to the vallue of sooo** Tob.
Warr* mde directed to Randall Revell ret ut supra.
Attorney Richard Willan High Sherriff of S* Mar)rs County demands a
General y. ^ritt to arrest Thomas Innis in an accon of Assaulte and Battry
Innis -^
Warr* mde to the Sherr. of S* Marys or his deputy ret ut Supra :
jdem dem*^ Subpa for Andrew Woodbury .... Comins, and
' Thomas Wright
Hammond John Hammond demands a writt to arrest Thomas Stone Executor
V. Stone Qf (-^pt ^« Stone, in an accon of the Case.
warr* mde to the Sherriff of S* Charles Cotmty ret ut supra.
Hammond V. jdem demands a writt to arrest John Abington Attorney to Cap*
Comwaleys Thomas Comwallis, in an acc6n of the Case, warr* mde to the Sher-
riff of S* Marys Cotmty ret ut supra.
Stanley Hugh Stanley Adm"" to Gyles Sadleir demands a writt to arrest
^^^miqr Richard Bentley and Thomas Searchwell in an accdn of debt, warr*
mde
Snow V. Marmaduke Snowe demands a writt to arrest Thomas Gerrard in
thb accSn U ^^ accon of the Case to the vallue of 500^ sterl :
withdrawne Warr* mde to the Sheriffe of S* Maries Coimty ret ... .
p. 1133 William Hampsteed demands a writt to arrest W" Browne in an
Hampsteed accon of defamacon :
V. Browne
warr* mde to the Sherriff of S* Marys County ret ut supra
jdem dem*^ Subpa ad testificand Francis Anketill et ux and John
Hunt
Subpa mde to the Sherr. of Calvert County ret ut supra
Provincial Court Proceedings, 1661.
597
M' John Dodman Enters accdn of the Case to the valine of five
hundred pounds sterl. ag* Philip Calvert and James Neale Esq" to
appeare att the next Pro*" Co**
Sumons mde &c.
M' John Nutthall the Attorney of Major Thomas Brooke demands
a writt to arrest Richard Games in an acc5n of debt.
Warr* mde to the Sherriff of S* Marys County (ret ut supra)
John Bogue et vx demands a writt to arrest John Pollard in an
accdn of Defamacdn
Warr* mde to the Sherriff of Calvert County ret ut supra.
jdem Demands a Subpa to Sumons George Reade and Alice his
wife Sanders Watts and Joane his wife to testefye &c. Subpa mde
to the Sherriff of Calvert Coimty &c.
John Hammond demands a writt to arrest Thomas Stone in an
accdn of the Case, warr* mde to the sherr of Calvert County &c.
W" Wilkinson demands a writt to arrest Thomas Stone in an
accon of the Case Warr* mde to the Sherr of Calvert County ret
ut supra.
John Hammond dem*^ a Subpa ad testificand Walter Hall . . .
John Abington ....
Liber
P.CR.
Novcmb'"
2ith
Dodman y.
Calvert ft
Neale
Brooke v.
Gaines
Pollard
Hammond
V. Stone
Wilkinson
V. Stone
Hammond
V. Stone
Tho. Stone Enters accdn of the Case ag* Philip Calvert Esq*"
Sumons mde &c
Rob* Slye Adm' to Samuell Smith dem^* a writt to arrest Josias
ffendall.
Robert Cager dem*^ a writt to sumons Henry Hyde and Thomas
Smith ....
Subpa mde ....
p. 1134
Stone V.
Calvert
Slye
Adminr v.
Fendall
Cager v.
Hyde et al.
.... Command John Bateman Esq"^ and Mary his wife that justly Re Bateman
&c they keepe w**" .... the Covenant &c of seaven hundred acres
of land called Cleyboumes Hand in Talbott County
Philip Calvert
And the Agreem* is such that the s^ John Bateman and Mary his
wife haue accknowledged the s^ seaven htmdred acres w*^ the aptnces
to be the Right of the said Peter Sharpe as that which the s^ Peter
Sharpe hath of the guift of the s^ John Bateman & Mary his wife,
And the same they haue remised & Quitt claymed from them & their
heires to the afores** Peter Sharpe and the heires of the s^ Sharpe
598 Provincial Court Proceedings, 1661.
Liber for ever And further the s^ John Bateman & Mary his wife haue
granted for them & the heires of the s^ John Bateman that they will
warr* to the aforesaid Peter Sharpe, & the heires of the said Peter
Sharpe, the aforesaid 700 acres w*^ the aptnces ag* them the s^ John
Bateman & Mary his wife & the heires of the s** John Bateman for
ever, And for this &c.
John Bateman © Mary Bateman ®
Dec 2 At a Provincial! Court held att S* Marys on the second of De-
''• "^^ cember 1662
Present Charles Calvert Esq*" Governor Philip Calvert Esq*^ Dep-
uty Leiutenn* and Chancellor, Henry Sewall Esq"^ Secretary Baker
Brooke Councello*"
The Co'* ajoumed by the Leivtenn* Generall till to morrow mom.
9 of the Clock
slP^^ff*^ Wednesday the 3"* of december 1662
Returns Present as before tog^ether with John Bateman Esq""
Then the Sherriff of S* Marys County returned his writts all
Executed except M*" Gerrard
The Sherriff of Calvert County ret none executed but one sumons
for M*" Thomas Trueman ats Burdett
The Sherriff Charles County ret. all Executed.
Re Adams Ordered that a Commission be granted to Cap* Thomas Manning
^^^ and Thomas Trueman to take the accknowledgem* of a fine of
Margarett Adams to William Parratt.
Re Edlow's To the hono*^ the Leivtenn* Generall and Councell of the Province
^*^*^ of Maryland
The humble peticoii of Richard Collett Sheweth That letters of
Ad*^°" of the Estate of Joseph Edlowe being granted to Thomas
Walton yo' pef did att the request of the said Walton become bound
as security with him for the due Administracon thereof Since which
tyme the said Walton is likewise dec"* before any Quietus est was
sued out by him, by [virtue] whereof yo"" .... become lye to
make
p. 1 136 Vpon the peticon of Richard Collett, The Judgem* of the Board is
that the Secretary may grante letters [of] administracon to Richard
Collett as being Security to Thomas Walton the former Adm"^ he
by that assumpts itt, becomes the greatest Cred*^ of Edlowes Estate
Edlow's y. 7o the Right Hono"« the Governor and the rest of this hono^^
Waltons ^ „ ^
Adminr. Councell
Provincial Court Proceedings, 1661. 599
The humble pet" of Joseph Edlowe Sheweth That att the death of Liber
yo*^ pet" father yo*" pef was left in the Custody of Thomas Walton, ^* ^* ^*
with the rest of that poore Estate which was left amongst vs his
Children and yo*" pef did Condicon with the s^ Thomas Walton to
serue him by the yeare for the Consideracon of a Cowe and Calfe
yearely to be delivered to yo"^ pef and sufficient Clotheing during the
tearme of his said Service, and att the Expiracon thereof to be suffi-
ciently clothed, alsoe they haue sould a very large Steere of yo*" pet"
for the which yo' pef humbly craves, that yo"" wo^* will order that yo*"
pet^ may have sattisfaccon for two yeares service which he hath
compleated and for the afores^ Steere with sufficient Clotheing and
yo** shall ever have the prayers of a poore Orphant.
Vpon the pet" aboues^ Ordered that Joseph Edlowe haue a writt
to arrest the Adm" of Thomas Walton to answere his suite the next
Court.
To the hono^** the Leiutenn* Generall & Councell of [the Prov- ^^^^ ^'
ince] of Maryland ^""^'^
[The humble Petition of] Luke Barber .... Yett now soe it is p. 1137
may it please yo*" Honors that the s"* Morley hath not performed his
parte of the aforesaid Condicons by reason whereof yo*" pet' is much
dampnifyed The p^'misses Considered yo*" pef humbly prayes that the
s^ Morley may be ordered to make payment of the s^ one thousand
pounds of Tobacco according to the Tenor of the aforesaid Instrum^
And he shall pray &c.
The pH sueth as in his pet" aboue written. And the def* not ap-
peareing It is ordered that the SherriflF produce the def* or his At-
torney by the next Co'* or .... the Sherriff to stand to the award of
the Co'*
To the hono^^* the Gouemor and Councell of Maryland Stanley t.
The humble pet" of Hugh Stanley Sheweth That an order passing
ag* yo' pet' att this Hono^** Co'* for a Heifer, Calfe, and costs,
Thomas Trueman did abt. the midle of August last fill vp certaine
Blanke writts in which he putt two of yo' pet" servants names to
appeare to the next County Co'* where they appeareing in obedience
to the writt were seized on by the s^ Sherriff and imediately ap-
praysed to three thousand Eight hundred pounds of tobacco carryed
away and disposed of and noe retourne of any Overplus, made to yo'
pet' who by this meanes was not only very much disgraced, but lost
their whole Cropps, .... He therefore prayeth the .... may
Justifye ....
Hugh
Vpon a Refference from the last Court A Non Suite is granted Stanley t.
to the def* vpon the whole matter with Costs of suite. Burdett
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6oo Provincial Court Proceedings, 1661.
liber The def* not appeareing Ordered that the Sherriflf produce the
cSt^m def* or his Attorney by the next Co^ or to stand to the Award of the
Evans v. Co**
Thomas
Turner
Thomas The Pit not appeareing a [non] suite is granted to the def*.
Turner v.
Cott W«
j^£J The pit sueth as in his pet" fo: 11 13. and itt appeareing by the
Abmeton V. oathe of M' Trueman that the land demanded is in the Boimd of the
^"^ s^ Pattent, The def* denyes that itt is within the Bounds of the s^
Pattent, and desires tyme till tomorrow morning to proue itt.
M' Trueman sweares that M' Abington came to him in the Com-
pany of W™ Lowry, and did shew him a Bound Tree from which
botmd tree he nm according to the Pattent three hund^ and twenty
perches, and did include most parte of the land which W™ Lowry did
then live vpon, and further sa)rth not.
Sworne in open Co^ John Gittings Ore.
p. 1139 Yo' pet" therefore humbly Craveth yo"^ Honors to grant them an
^l^ialVft ^''der ag* M*^ Robert Slye Administrator to the abouesaid Samuel!
Robert Smith for the said debt with Cost & Charge of suite And they shall
Ad^M. to ^ '^^ d^^ >^^^d pray &c.
Clmstophcr This Bill bindeth me Samuell Smith sometymes in the Province
Robert Sly of Maryland Mariner to pay or cause to be payd vnto Christopher
^"^^amucl Russell of the same Province Planter good Goods for Thirteene
Smith Hundred pounds of Porke, by me already received of the said Rus-
11 as I haue already solde or shall sell for Porke, att the Retume
: the Barque Susanna or by the last day of May next Ensueing the
ite hereof, As Wittness my hand this 6*^ day of March 1659
Testes W" Clement Joseph Cooper signe 4 . Sam : Smith
The pite sueth as in their peticon The def* desires a Refference till
le next Co'* and further desires that he may haue a Coppy of the
te pet" and of the Bill which was ordered accordingly.
The pit sueth for 1518* Tobacco due by bill [from the] deft* and
. . to be found ....
The pit sueth as in his pet" fo : The def* produceth this following
cc** to shew wherefore that Tobacco was payd by the s^ Sadleir to
le s*^ Scapes and as appeares by the ace** more due.
The Opinion of the Board is that the pit hath noe Cause of action
lerefore Non suited
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Provincial Court Proceedings, 1661.
The Estate of Gyles Sadleir d* to the Estate of James Scape
By one bill
By two Barrells of Salte
By promise to pay for W™ Mills
By one Bill of Jacob Lumbrosoes
By one Note as vnder hand appeares
By W™ LLoyd as by his note appeares <
Rests vpon ace® of Goods and vpon vs
allowed one hhd of tobacco
Rests more three hhds of tobacco wee
putt a board by
To the bono"* the Gouemor & Councell of Maryland
The humble pet" of W"* Hampsteed Sheweth That W" Bro^
hath greuiously and ingratef ully yo' pet' and his wife Repot
and affirmeing .... did last Spring and frequently persists in
.... is both a whore, and a Bawd .... opprobrious language .
Francis Anketill swore in open Co'* Sa)rth That he had heard
Browne say in discourse hang her for an ould whore, or an «
Bawd or soe, and further sa)rth not
Swome in open Co'* John Gittings Clr
John Hunt swome &c sayth That he knowes nothing att all of
business
Respitted till to morrow morning
The pit preferring a Bill of Complaint in Chancery ag* the
and the def* being arrested by the pit and not sumoned in Chan*
he desires Non suite ag* the pit which was granted Ordered that
def* doe give in his answere to morrow morning
To the bono"* the Gouemor & Councell of the Prouince of Maryl
The htunble pet" of Robert Cager Sheweth That aboute
moneths agoe. One Richard Accworth Comeing to yo' pet" ho^
sould him a servant for which yo' pet' sattisfyed him and she
after the s^ Serv* Run away greatly to the damages of yo' pet' 1
soe itt is that the s^ Serv* belonging to a gent in Virg* was aftei
Running away from yo' pet' by the s^ gent, [ap]prehended and !
to the greate loss & damage of yo' . . . . Considering Crop t
google
6o2 Provincial Court Proceedings, 1661.
Liber .... Attorneys, in as much power as if I my selfe were personally
^' ^*j^ p'^sent As Wittness my hand 23*** .... 1662
Wittness John Vanheeck Richard Games R A
The marke of Richard Accworth
The pk sueth as in his pet" The def* appeares by his Attorney
Nicholas Gwyther who produced a letter of Attorney signed Richard
Accworth wittnessed John Vanhack Richard Games, whereupon the
ph demanded of the Attorney whether he would pay whatsoever
should be Recovered ag* the s^ Accworth who denyed to oblige to
pay any thing that should be Recouered & vpon his Ref usall the pk
did desire that he might either abandon his letter of Attorney or
engage to pay what shall be recovered and the Co^ would not allowe
itt The Attorney Confest that he sould the pH a serv^ wherevpon the
pit withdrew & went to drawe vp the Ace** of what damage he hath
susteyned which is as f olloweth. |
An Acc° of Charges in lookeing after my servant .... of Richard |
Accworth I
*Tob. I
Imprimis payd a mans Charge and hyre in goeingi 1000 '
into Virginea to looke after him J |
For Tenn dayes tyme by my selfe and!
my men to ... . him J 0500
1500
.... for my selfe and wittnesses .... sustayned in my Crop for
.... probably his Crop
Re Hall James Hall and Sarah his wife accknowledge a fine in open Court
p. "43 to Francis Hill according to the Tenor of a Bill of Sale, from the said
James Hall to the s^ Francis Hill, of one hund** acres of land called
Elkeens neck which they the s^ James & his wife have accknowl-
edged to be the right of flfrancis Hill These p^sents binds me James
Hall my heires &c. to deliver vnto Francis Hill or his Assigns,
possession of the howseing and land solde vnto him by me, and
vide bai of binde me my heires &c. to make him a firme Sayle, and Surrender
sac 0:1154 jj^ Q^Tt Qf ti^g same by my selfe and wife Wittness my hand this
25*^ of November 1662 James Hall i H his marke.
. Testes John Hammond Walter Hall.
Willan Y. To the bono"* Gouemor & Cotmcell of the Prouince of Maryland
Innis
The humble pet'' of Richard Willan High Sherriff of the County
of S^ Marys, Sheweth That yo"^ pet"^ from his Youth hitherto hath
with much fa)rthfullnes and readynes served the Lord Proprietary
of this Province and his severall Governors and hath Constantly
Provincial Court Proceedings, 1661.
endured and vndergone, such hazards .... as the variousnes oi
Countryes, .... which he hath ever expressed .... as is evide
knowne .... or Suffrors in ... . only been .... lord*** in Eng
Yo' pet^ humbly p''senteth to yo"" Honors the .... miserye
hath vndergone, in his younger dayes for defence of this Provi
hath very much Impayred his health and wasted his vigor
strength & that he hath been much afflicted with sicknes, & lame
not vnknowne to many of yo"" Honors: In which weake Cond
yo' pet' did in October last adventure to goe a board a 1
England Vessell rideing in S* Georges River where one Tho
Innis be[ing] a Board (did out of a former Malice borne him)
vpon yo*^ pef first w*^ Scoffs, Contempts, hate full and provoke
Complaynts and afterward with frequent, violent & . . . . BI01
Boxes and Buffetts, vntill the ... . from his Teethe and nose in .
as if that had not been sufficient to express his hatred to yo*" pet'
Contempt to his Office, tooke him vp by the Thigh to haue thro^
him over Borde, which he had vndoubtedly done, had he not ca
out for helpe & required the peace of the Lord Proprietary tc
kept as the s^ Jnnis hath since often laughed att & boasted off, ^
for as much as the s** Innis hath soe abused yo' pet' and glorie(
[his] haueing Respect neither the greatness of his place, as be
Sherriff of the [County] nor the Lowness of his Condicon, as be
weake .... lame man not able to defend nor helpe .... He pray
that as Sherriff of this County .... Honor to the Lord Propriet
& the place .... for the terror of such as shall .... person of Sh
riffe whose .... supported that the s^ Innis .... yo' pet' repay
according .... offred or that yee will .... & discharge him . .
.... Ad*'*"^ .... indebted as by his ... . W" Battyn two Mare
.... besides his funerall charges [there] fore humbly prayeth
John Gittings that ag* M' Robert Slye .... for the s"* debts .
Sherriff of he shall pray &c : next Co'*
the Gouemor & Councell
.... the [humble] pet" of Tho : Stone .... and the ... . yo' p
father was possessed of a wind [mill at S*] Marys and that Ph
Calvert then .... and illegally out .... of the s^ Mill .... hereoi
the
.... been too much wrought on .... to Consent to an Act
only [abhor] rent to her selfe, when she .... of her Cryme, and
which she .... of disgrace & . . . . therefore humbly prayeth t
she may .... Censure as the [law] of England in such .... And
shall pray &c
6o4 Provincial Court Proceedings, 1661.
Liber .... Opinion is that the Rule p'scribed .... is the fittest way to
P. C R. Judge by ... .
.... is of opinion that she ought to ... . damage by Servitude.
[The Attorney] Generall the same opinion w*** the Secretary
.... damage to the Chancellor is 2006* ^^
Re & apparrell & lodging w*^ other necessaries during the s^
^^T^ii6i ^^^ ^^^ ^^^ ^"^ ^^ ^^^ ^^ tearme to pay unto the s^ Hugh accord-
ing to the Custome of the Country. In Wittnes here- .... p^'ties
aboue mentioned haue interchangeably sett their hands .... the
day & yeare aboue written
[In] p^'nce of Hugh Sherwood
Re Parker's .... Parker before the Hon"* Charles Caluert .... of this
^^^ Prouince of Maryland & gaue to each .... Cattle as they are here
sett downe (Viz*) .... ffowre Cowes knowne by the names of Old
.... Cherry, Blackell & Blossome : the markes are .... of the left
eare, w*^ a slitt in the right eare .... The encrease of [the] flFemale
only are to bee to Edward Parker : the ... . bee to mee & my use.
Two Cowes, One called Rose, & the other Brow .... Cropd' &
underkeeled on the left eare, & slit & .... the Right eare. The
ffemale encrease of w** Cattle .... The male to mee & my use, ....
a ffilly f oale, w*^ itts flFemale encrease Cowes One named Louely,
the other named .... care w*** a Crop & an Vnderkeele .... The
encrease of w*^** .... the Male to mee & my use. Likewise to ... .
Mare w*^ all the Mare Colts. The horse Colts to my use ... . Two
Cowes, one Called Sweete Lips, & the other ....
These p^'sents wittnesse That I John Nutthall of ... . Gent" haue
Estote T. sold & deliuered unto M' .... & Daniel Clocker, Ouerseers unto the
p. 1162 .... late deceased, & for the use of M" .... of the s^ deceased,
One Grey Mare .... & upwards, w*** T. C. upp .... of w*^** afores^
Beast I doe .... all iust claimes whatsoeuer .... whereof I haue
hereunto ....
Testes Humphrey Warren Thomas Courtney.
ffebruanr Co" Will" Euans Enters
160 1662/3
ffeb*- 120 M*" Mathew Stone demands .... accon Case.
Ston^ war^ to the SheriflFe of Calvert Prouinciall Court Summons p'
. . Andrew & Thomas .
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INDEX.
(Names of estates arc indicated by an asterisk. Formal entries of names of places are not
indexed.)
Abbott, John, 422.
Abell, Richard, 95*
Abercrombie, David, 4P-444*
508, 535. 553; V. Carver, 44a-
444; V. Innis, 553-
Abingdon's Cliff, 75.
Abington, John, 140, 242, 347,
349. 354, 384. 397, 399, 4".
412, 423, 425, 437, 462, 476,
490, 491, 512, 515, 533. 535.
537. 538. 552. 554. 568, 570,
578. 585, 596, 597. 600; V.
Atchison, 532; v. Nuttall,
512; V. Lowry, 570, 585, 600.
Abortion, 20, 85.
Abrahal (Abral), Richard, 114,
158, 193, 246, 247, 281. 282,
334-
Abraham (Abrahamson,
Abram, Abrams, Abramson),
Cornelia, 303. 304; Cornelius,
la 99. 179, 242, 243. 301-304.
326; Elizabeth, 379; Frances,
198. 242, 267; Isaac, 379, 453.
454. 573; V. Blinkhome, 198,
242, 267. ^
Accomack, 73, 84, 125, 216, 231,
250.
Account, 202, 280.
Accworth, Richard, 596, 601.
Achillis, Elizabeth, 552; Peter,
192, 194, 552, 571; V, Lum-
broso, 571.
Acknowledgment. 28, 57, 68. 79.
Acquittance. 56, 202.
Adams, Henry, 54, 55, 60, 87,
96, 133. 148, 155. i^ 171-174.
194, 204, 221, 226-228, 2jJI,
. ^^ _, .7. 563;
James, 384; Margaret, 598;
244, 288, 351, 471, 497.
Mary. 169-171. 173; Thomas,
424. 462; r. Pamell, 96, 155,
204 ; V. Shears, 424.
Administration of Estates, 4, 8,
12. 13,^22, 30. 35,^36, 40-46,
58-60. 65. 78, 79. 82, 90. 91.
99. loi, 103. 104. 113-118, 123-
I2C 131, 135, 149, 169-172,
175-178. 180, 193, 196-198, 201,
204. 220, 226» 230, 234. 237,
242, 253, 254, 2^7, 259, 260,
262, 276, 281, 283, 284. 291,
294. 300, 301, 305. 3", 317.
350. 345, 348, 350. 357. 359.
367. 369. 370, 379. 383. 403-
406, 425, 454-45^ 472, 473.
475, 476. 483. 485, 508, 541.
556-566, 569, 572, 591, 593,
594, 598, 599.
Admiral's decision, 303.
Adultery, 85, 229.
Adventure, Pink, sec John's
Adventure.
Alderson, George, 450.
Alexander, Charles. 452.
Allanson (Alanson), Thomas,
352, 386-388, 461, 462, 465.
474. 475. 496, 507 ; V. Brookes,
461, 474. 475; V. Courtney,
461.
Allcock, Samuel, 320; r. Haw-
kins, 320.
Allcotts, William, 511.
Allen, James, 385; Roger, 422;
Thomas, 122. 123, 181, 182,
184, 357; William, 122, 123,
132, 147, 215, 220, 232, 410; V.
Colclough, 410; V, Fenwick,
184, 220 ; V. Overzee, 132, 147.
Allenby, William. 331.
Allington, William, 262.
Amnesty, 259.
Amsterdam, Holland, 237. 3o6-
310.
Anderson, Alexander, 344.
Anderton, John, 63, 64, 02, 97,
98, 130. 139, 156, 157, 106, 17s,
178-180, 279, 380, 381, 388. 448.
463 ; r. Bennett, 463 ; v, Bow-
lin, 130; V. Hooper, 130, 179.
Anketill, Faith, 56 ; Francis, 56.
139, 178, 179, 182, 200, 252,
253. 263, 503, 596, 601 ; V. El-
tonhead, 139.
Anketill's Neck, 178.
♦Ann Cattrin's Week, 492.
Anne Arundel County, 62, 83,
86, 89, 105, 114. "6, 127, 185.
187, 202, 220, 224, 259. 269,
270, 291, 295, 300, 313-317. 319.
322, 325. 333, 339. 344. 374.
418, 419, 429, 430, 491. 5".
521.
Antego, 306-309.
Antonio, Simon, 52, 79, 83, 201,
253.254,300.
Appeal to England, 372, 373-
Arbitration. 35. 7a 94. 95. 355.
356, 389. 440, 452. 516.
Archbuckle, Archibald, 313, 317-
Archer, Henrjr, 445.
Armitage, William, 314.
Armstrong, Francis, ijo, 242,
266, 301, 303, 304; Richard,
408.
Army, John, 543-
Ascolar, Dennis. 471, 49i, 490.
^; V, Fendallj 471, 491, 496.
Ashbiston (Asbiston, Osber-
stone). William, 129, 157, 161,
181, 403.
Ashbrooke, John, 293.
Ashcombe, John, 44, 56, 68, 70.
72, 73, 77* 82, 354, 357. 520 ; r.
Johnson. 44, 56; v. Martin. 44.
Ashton, Charles, 388; Peter,
366.
Assembly summoned, 61, 62,
442.
Assiter, William, 86, 100, 126,
136. 137, 192, 447. 452; V.
Ware. 126, 137. , ^
Atchison (Atkinson, Atche-
son), James. 301, 382, 4331
Susan (Susanna), 302, 382,
433; Vincent, 185, 194. 199.
228, 310, 323, 349. 395-397. 455.
468-470, 522, 523. 532, 535-538.
588; V, Barrett, 323; v.
Kedger (Cager), 396. 455,
468-470.
AtUchment of goods, i, 2, 8, 13,
45. 52, 77, 79. 82, 96, 97. "4.
134. 139. 148, 152, 165. 186,
195. 204, 227, 233. 234, 2d6,
248. 253. 256, 266, 270. 281,
301. 335, 336, 339, 340, 344.
346, 353. 372. 374. 398. 406,
435. 437. 441. 485. 488, 496,
509. 5i7,£?S. ^ ^^
Attainder, Bill of, 568.
Attorney, 2, 3, 6, 10, 11, 26, M,
34.44. 71, 233,256, 275. 365;
Women not to be for hus-
bands. 233; Power of, 36, 45.
62, 92. 130, 204, 220, 263, 276.
291, 349, 358, 360, 362, 364.
S' . 409, 410, 421, 423. 424,
, 437, 444, 458. 459. 468,
472, 494. 495. 506, 526, 529,
534. 536, 556, 578, 579. 581,
Attorney General v. Bagby,
324; V, Barbery, 329; v, Bar-
rett, 306; V. Bradnox, 482,
500-505 ; V. Cary, 301 ; v. Clay-
borne. 568; V. Coppage, 313,
315. 319; V. Courtney, 255,
461, 465, 466, 475, 522, 323;
Digitized by
Google
6o6
Index.
V, Dandy, 8i ; v. Edlow, 523 ;
V. Everett, 526; v. Fitzher-
bcrt, 132, 133, 144, 566: V,
Fendall, 428, 429, 509 ; v. Gay-
lord, 525 ; V. Gerard, 414, 427,
429, 464-466, 484: V, Gibbons,
457; V. Giles, 467, 471, 475;
r. Goosey, 280; v. Hall, 522.
567, 603, 604; V. Harbcrt,
240; V. Harris, 430-432;
V. Holliday, 316; v. Holt,
149, 243, 528; V, Hotskeys,
100, 141, 206; V. Hutt, 268;
287, 288; V. Husbands, 308;
V. Innis, 596, 602, 603 ; v, Jen-
kins, 447-450. 470, 476, 492.
509t 5"; V. Lumbrozo, 203;
V. Morgan, 32^ 3^9; v.
Naughnongis, 186 ; v. Nevell,
467, 471, 475 ; f . Overzee, 190,
204, 245, 289 ; V, Pauldin, 432,
433; V. Preston, 331 ; v. Rob-
ins, 20; V. Rogers, 429; v,
Russell, 526; V. Savage, 593,
594 ; V, Sceley, 523 ; v, Sharpe,
310, 573. 574; V, Stark, 522,
523f 594; V, Stockdell, 450,
451 ; V. Taylour, 138; t/. Thur-
ston, 286, 287, 319, 322, 508;
r. Vaughan, 526; v. Ward,
524; V, Welch, 450; V, Wil-
kinson, 150 ; V, Wilh'ams,. ct
al., 207, 221, 228, 255; r.
Woolchurch, 333; v. ,
505, 524.
Attwicks, Humphrey, 191, 351,
357. 364. 470; James, 500.
Backhouse, William, 269.
Bagbey, John, 25, 129, 324, 329,
334, 345. 415, 416, 449; V.
Preston, 415.
Ba^all, John, 269.
Bail bond, 465, 578.
Baker, Thomas, 139, 165, 201,
292, 497.
Bale. William, 42.
Balth (Balch), John, 449, 450,
5". 527.
Baltimore, Ship, 276; County,
388, 442, 457-460, 462, 465,
467, 568.
Banks, Margaret, 20; Richard,
64, 88, 123, 176, 340, 427. 482,
497, 498; Thomas, 43-45, 57-
Bannister, Henry, 1 17-120, 447,
451, 507; Nicholas, 397.
Baptist, John, 460, 485, 49i. 499,
500; V. Colclough, 485, 491,
499* 500 ; V, Lindsay, 460.
Barbadoes, 269, 306-310, 410.
uke, 18, 28, 29, 45, 53,
2, 204, 217, 228, 214,
^, 255. 256, 279, 289.
J. 324, 332, 339. 341.
), 353. 368, 563, 570,
,599;v. Coursey,353;
255, 256; V. Morley,
. 595, 599; V. Nevill,
Barbery (Barbarah) Ann, 31,
329-331 ; Soliman, 22 ; Susan,
330, 33h 479; Thomas, 280;
V. Stone, 31.
Barham, James, 415.
Baman, John, 151.
Barnes, Francis, 112.
Barramore, John, 337.
Barrett, Thomas, 306, 308, 310,
323, 433, 434; William, 34,
402, 461 ; V, Harwood, 34.
Barriffe. John, 23, 32, 75, 76,
260, 291.
Bartley (Barkley), Gabriel, 570,
581, 582, 585.
Barton, Ann, 455, 469, 470;
William, 9, 88, 188-190, 340,
343, 455, 478, 480; V. Gerard,
188.
Barton's Creek, 189.
Barwell, John, 511, 517.
Basey (Baysey), Edmund, 522;
Joane, 45, 66, 177, 220;
Michael, 20, 21, 44, 45, 66,
103, 128, 142, 174, 177, 180,
193, 199-201, 220, 221, 249,
261, 275, 276, 404, 417; V.
Garke, 142.
♦Basford Manor, 234.
Bassett. Margaret, 85, 552;
Thomas, 134, 552, 553; v.
Bennett, 553; v. Ford, 552,
553.
Bastardy, 14-18, 291, 329, 522,
524,528.
latche
Batchelor, Francis, 530, 551,
556, 569, 576; Thomas, 9, 96;
V. Simpson, 569.
Bateman, John, 269, 281, 324,
325, 329, 340, 345, 346, 365.
375, 379-383, 389, 408, 409,
413-416, 424, 425, 440, 444, 449,
456, 458, 466, 484, 486, 488.
493. 496, 516, 520, 542, 572,
586. 594, 597, 598; Mary. 597,
598; V, Anderson, 380, 381;
V. Knowles, 408 ; v, Lawrence,
488; V. Lee, 365; V. Palldin,
382; V, Patrickson, 324, 329,
345, 382, 415.
Bathe, Peter, 192, 303, 344, 352.
379, 382, 391,. 394, 399. 412,
439; V, Champion, 303.
Batt, Nathaniel, 82, 186, 234,
254.
Batten, William, 83, 134, 176,
260, 323, 354-356, 363. 364, 36Q,
E, 381, 388, 455, 569, 578-
,603; V. Slve, 578, 579; V.
ne, 134, 176, 260.
Battery, 301, 461, 474, 475. 529,
596.
Baxter, Mary, 112; Roger, 106,
107.
Bayley, Godfrey, 302, 320, 409,
457; Richard, 399; Thomas,
^ 549. 571. , ^
Bayspoole, John, 302.
Beane, James, 525 ; Ralph, 102 ;
Walter, 94. 298, 344, 468, 469,
471, 491, 503; V. Medley, 525.
Beard, Richard, 419.
Beaueres, Christopher, 514.
Beaver, 4, 13, 69. 70. 115, 158.
30s, 535-537, 583; Neck, 105,
106, 108, no, 168, 298, 300.
Beckwith, Francis, 207, 281,
341 ; George, 34, 207, 281, 384,
462.
Bedlum, Elizabeth, 467, 472;
V. Lee, 467, 472.
Bellcher, Thomas, 32, 33, 73,
120, 131, 137, 204, 207, 231,
243, 244, 257, 296, 297, 340^
380-383. 413, 414, 417, 420, 432,
471. 472, 486, 572, 594 ; V, Cole,
131.
Benham, Matthew, 306^ 309, 31a
Bennett, John, 510; Richard,
86, 132, 340, 419, 447, 457, 496,
499, 521. 539, 553; Thomas,
125, 228, 323, 438, 439,
446,
,509*
"-'»", **M6»», *yy, *w*, «OA, •«'
267, 281, 324, 397. 406, 4
451; V. Colclough, 406;
Harvey, 324, 4^6, 451;
447.463,478,55i-5'^^555.
576, 584 ; V, Gerard, 323.
Benson, John, 410; Sara, 163;
Stephen, 130, 162. 163, 327.
Bently, Richard, 381, 383, 596.
600 ; V. Graves, 383.
Bents, William, 253.
Berkeley, Edmond, 62, 305, 361.
Bernard, William, 499.
Berry, William, 4, 35, 36, 48, 66,
279, 331 ; w. Sewell, 4.
Besson, Thomas, 89.
Bevin, Hugh, 199, 202, 231, 243,
267, 281, J24,^ 397. 406, 417,
^ - -, ^ . V,
Overzee, 199, 231, 267, 281,
282.
Bigamy, 150, 228, 243.
Bigger, Ann, 480; John, 219,
277, 480.
Biggs, Anncj^ 330.
Billingsley, Francis, 335 ; James,
517; John, 8, 344, 353, 392,
517, 522; Thomas, 511, 516-
518, 521 ; V. James, 511, 516-
518; V, Parker, 511, 521.
Biscoe, John, 122, 129, 132, 160,
181, 450, 491 ; V. Keytin, 132.
Bishop, Henry, 126, 137;
Joseph, 387, 388.
Bisse, Thomas, 38|i.
Black, Ann, 555 ; William, 150,
^398, 513, S18, 532, 554. 555.
Blacketor, George, 334.
Blasphemy, 203.
Blessing, Ship, 542.
Blinkhome, Robert, 44, 56, 198,
242, 243, 267; V, Harwood,
Blunt, Richard, 313, 318, 319;
V. Thomas, 313, 318, 310.
Boat, 79, 102, 152-154, i8^ 188.
223, 235, 240, 314, 315. 408,
581, 593, 594.
Digitized by
Google
Index.
607
Bogue (Bouge), John, 1321 i67i
217, 218, 220, 277-279, S27, 453»
^454.478,503,597.
Bolaine, John, 83, 119; v. Trcw,
119.
Bonam, John, 24; v. Lawrell,
24; (Bonham), Samuel, 22,
97, 387.
Bonnefield, Christian, 149, 150,
229, 230, 244, 528, 529, 571,
591, 592.
Books, 100, 124.
Boreman (Boarman), William,
40, SO, SI, 52, 70, 71. 84, 85.
95. Ill, 112,122,133, 139,141.
150, 152-155, 167. 198, 221, 244.
247, 269, 278, 310, 323, 3^,
343, 438, 523. 568, 571, 588,
593; V. Brookes, 40, 70, I33,
152 ; V. Chayrman, 40, 71, 95 ;
V. Deere, iii.
Boston, Mass., 354, 410, 525.
Boswell, John, 305.
Bott, Richard, 352.
Boulton, John, 573.
Bowles, William, 293.
Bowling, James, 98, 130, 156,
157. 166, 175, 179, 388, 447,
595 ; V. Anderton, 98, 156, 157,
166, 388.
Bowne, William, 408.
Bradaway, Nicholas, 271-274.
Bradnox, Mary, 108, 436, 482,
500-506 ; Nicholas, 436 ;
Thomas, 89, 105-108, 113, 274,
298, 300, 435, 436,-482, 500-
505 ; V. Southern, 435 ; v, Tay-
lor, 506.
Bradshaw, George, 571, 588.
Bramley House, 234.
Brammalles (Brammall, Bro-
mell), William, 15, 183, 200;
V, Ketherton, 200.
Brandson (Branson), Thomas,
^8,77,152. . .
Brasheers, Benjamm, 419, 511.
Brasse, Anne, 268, 296.
Brent, Margaret, 26, 27, 91, 92,
III, 175. 176, 454; Mary, 94;
V. Holman, iii.
Brenton, William, 410, 411, 419,
420.
Brereton, Thomas, 246; Wil-
liam, 391.
B r e 1 1 o n (Britain, Briton) ,
(jeorge, 117; Temperance,
531 ; William, 41, 43, 44, 46.
48, 51-54, 56, 58, 00, 70, 90.
92, loi. 103, 105, 117, 118, 121,
129, 160, 185, 191, 192, 197,
202, 227, 237-241, 249, 259. 269,
276, 301, 304, 305. 312,
331. 341. 346. 357, 374, _
405, 422, 432, 4^8, 467, 490,
513, 531, 551, 506; V. Good-
rick, 60; V. Lindsey, 357; v.
Smith, 185, 249.
Bretton's Bay. 47. 266, 347. 494,
557. 563. 506; ♦Outlet, 531.
Brewer, John, 89.
Bristol, England, 363, 370, 386,
387, 411, 412.
Brockett, Ann, 422; Samuel,
422, 491, 496, 505 ; V, Marsh,
422, 491, 496, 505.
Brodhurst, Walter, 95.
Brookes (Brooke), Baker, 66,
139, 147, 157, 160, 177, 197,
202, 20d, 217, 228, 234, 240,
248, 256, 270, 289, 325, 326,
332, 339, 344, 346, 374, 375.
383, 413, 424, 425, 444, 448-
450. 456, 466, 468, 484, 491,
493, 496, 513, 516, 542, 571,
597; Charles, 197; Francis,
40, 58, 70, 84, 106-111, 126,
131, 133, 142, 152, 158, 193,
196, 198, 226, 262, 300, 313,
350, 371 ; Mary, 197 ; Michael,
3, 9, 12, 22, 30, 34, 62, 80. 89,
102, 180, 184, 32^; Robert,
197; Thomas, 146, 198, 313,
'; William,
350, 371, 478, 597
.;. 1.475,530; .
58; V. Games, 597; v, Veitch,
461, 474, 475, 530; V. Conner,
58; V. Gj
184.
Brough, William, 102.
Brown (Browne), Anne, 52,
53; Daniel, 294, 295, 326;
Devorax, 433, 5AI ; John, 10,
115, 213, 214, 248, 495; Rich-
ard, 64, 74, 410, 494 ; Thomas,
242; William, 298, 417, 419,
447; V. Kingsbury, 433; v.
Estate of Moore, 10; v, Rob-
inson, 494; V. Sinkler, 541.
Browning, Daniel, 410.
Bruff, Henry, 573, 574-
Bryant, Mathias, 351 ; ,
185.
♦Buckingham, 458.
Building House, 281, 366, 367,
526.
Bullen, Henry, 350.
BuUett (Bouiett), Joseph, 520,
584.
Burbage (Buridge), Ckorge,
83; John, 139, 163; Thomas,
126, 142, 518, 522.
Burclon, Richard, 427.
Burdeck (Burditt), Thomas,
196, 250, 305, 389, 416, 430,
432-431 441, 448, 440, 451.
453, 401. 570, 585, 586; 5^;
599 ; V. Michells, 461 ; v. Mor-
ris, 389, 433 ; f . Stanley, 481 ;
V. Trueman, 598.
Burgess, William. 427, 428;
Pay of, 176.
Burke, Richard. 534.
Burle, Robert, 89, 321.
Burridgc, see Burbage.
Burrowes, Nathaniel, 130,
Burton, Edward, 112.
Bushell, Edward, 424, 462;
Thomas, 470, 4'"'- sfe, 584;
William, 396, 410, 463, 4^7,
474, 498, 509, 516, 532, 584;
V. Dent, 463, 467, 47^
509, 520. 532; V. Price,
Bussey, George, 5, 24, 385.
Butcher, Ninian, 354, 355.
Butler, Thomas, 181.
Butteris (Buttery), John, 333,
395.396; V, Lewis, 333-
Buttriffe, John, 305; v. Lewis,
305.
C^ibreth, see CTobreth.
Cager (Caiger), see Kedger.
Callaway, Jeremiah, 213-215.
(divert, Cecil, Lord Baltimore,
373, 375. 534 ; Charles, 87, 493,
496, 508, 509. 513, 510, 525,
533, 541, 571, .«>73. 598, 004;
Leonard, 181, 182, 453, 452L
533, 534; Philip, 41, 43, 47, 48,
50, 51, 56, 59. 65, 66, 91, 92,
95, 100, loi, 105, 113. 1 16-123,
131, 138, 140, 147, 157, 160,
176, 181, 186, 192, 202, 204,
209, 211-213, 217, 228, 229, 230,
234, 240, 248, 256, 265, 266,
270, 277, 286, 289. 301, 302,
306, 308, 310, 311, 314, 315.
319, 325. 326, 332, 344, 346,
364, 372, 374, 375, 385. 397,
398, 402, 404, 406, 408. 413,
420, 424, 429, 444, 448-452,
456, 458, 465, 466, 408, 474.
481, 484, 489, 492, 493, 490,
499, 508, 513. 516, 520,
541. 555, 557. 558, 560, 5^
568, 571. 574, 595, 597, 598,
603, 604; Wilham, 463, 474,
507; V. Cooke, 346; V. Mec,
192; V. Pennington, 507; v.
Stone, 388, 389. 435. 453, 454-
C^ilvert ((Tiverton) County,
38, 42-45, 48-50. 54-57, 61, 62,
65, 77* 81, 86, 89, 95-98, loi,
103, 104, 114, 119. 127, 129,
130, 134. 138, 178, 182-185,
193, 196, 198-200, 202, 227,
228, 232, 233, 246, 257, 259,
260, 265-268, 270, 286, 295,
296, 299, 301, 3C^, 323-325.
329. 332. 334. 330, 340, 344.
345, 353, 371, 379-385, 388,
389, 392. 394, 390. 397. 399.
404, 419, 4vp, 441, 4^, 465,
467. 486, 487. 490, 508, 511.
516, 529, 530, 551. 569. 570,
581, 582, 586, 595. 597. 598.
Canada (C^naday), see Ken-
nedy.
Cane, see Kane.
Canoe, 34, 65, 233; Neck, 143,
144, 188.
C^ipps, William, 500.
C^rlile Bay, 307, 310.
Carline, Heniy, 112, 272.
Carpenter, B e n n e 1 1^ 410 ;
Charles, 366; Franas, 433,
480, 519 : Symon, 457, 475, 492.
519; Thomas, 55, 126, 133,
Ou-r, Martha, 574; Nicholas,
520, 573, 574; Peter, 27. 91,
292.
Digitized by
Google
6o8
Index.
rignc, /ume, 510.
U, John, 71.
r, William, 442-^
irdcn (Caraden), Peter,
Carter, Edward, 444> 445» 4^*
Cartwright, Atme, 510.
Carvell, John, 71.
Carver, Wi"*
Carwarden
267,282,451,452,515 ,
Cary, Christopher, 23; James,
80 : John, 01 ; Thomas, 31, 80,
268, 280, 281, 290, ^i ; V. Gol-
son, 268, 280, 281, 290; V.
Hooper, 31, 80; v, Letch-
wortn, 23.
Case, Action on, 38-40, ^2, ^4,
45, 48, 50, 52, 56, 57, 01, 67,
95, 97, 98, loi, 103, III, 112,
119, 122. 123, 127-130, 133, 134,
183-185, 193-196. 198-201, 257,
259-261, 266-268, ^i, 304, 313,
314, 323, 324, 365, 380, 382,
. ^ 385, 388, 389. 393. 394,
396-398, 404, 405.^409. 442,
461-463, 407, 468, 486, 487, 488,
490, 491. S09, 512, 513, 530.
532, 507-571, 595-597.
Catchmay,
^.v..«i«j, , 2di, 242.
Cattherins (Kathrms), John,
510, 5"
115, 117. 122. 125, 120, 130,
132, 134-136, 148, 158-161, 165,
167, 173-175, 182. 183, i8s, 192.
193, 195. 198, 202, 205, 215,
' . _ 237, 238,
240, 241, 248, 251-253, 262, 264,
216, 226, 230, 234, 237i
266, 269, 280, 301, 303-305, 311,
312, 317, 318, 323, 324. 392,
416, 431, 436, 444, 463, 481,
508, 523, 529, 585, 586, 599,
604.
Cawsine, Ignatius, 54, 55, 172,
173; Jane (see Clarke), 54,
55; Nicholas, 54, 55, 82, 148,
170-173. 226, 227.
Cedar Point, 96.
Cely, see Selye.
Chalke, Francis, 511, 516, 521.
Chamberlaine, Leonard, 519.
Chambers, Jane, 157, 181.
Champian, Thomas, 303.
' ' tin, 399; Job, 51, 59.
128, 139, 141, 142,
173, 182, 184, 187.
204, 205, 207, 210,
217, 228, 231, 232,
0,254,261,286,306,
323, 327, 33S 500;
IS, 184; V, Jackson,
41, 142; V. Lindsey,
illiam, 81, 280, 285,
homas, 317, 318.
5.
inty, 58. 62, 79, 83.
99, 119, 128, 133,
160, 168, 169, 193,
201, 202, 259, 265,
268, 270, 291, 202, 323, 324,
333, 344, 363. 388, 389, 392,
393. 394, 398, 399, 4^9, 442.
460, 482. 487, 491, 495, 497,
508, 511, 512, 539, 550, 563,
569-571. 579, 586, 587, 590,
598; Erection of , 87.
Chamly, Thomas, 534.
Charon (Chearon), John, 50,
61, 95 ; V, LeCompte, 61.
Chavrman (Chareman), see
Sherman.
Chew, Samuel, 304, 334. 335,
429, 430, 445, 511; V. Peake,
304, 334t.335.
Chicken, Edward, 194, 532, 555-
Christian, Adam, 240.
Gssell, John, 553.
Qahay, Arthur, 54.
Qap, Francis, 477.
Gapon, William, 247.
Qarke, Jane, 169, 170, 172, 226 ;
John, 97, 98; Matthew, 425,
578; Robert, 51, 55, 65, 66,
82, 97. 98, lOi, 106, 107, 142,
148, 169, 170, 194, 195. 198,
199, 202, 204, 217, 224, 227,
228, 234, 240, 248, 250, 256,
259, 262, 265, 270, 286, 289,
319. 329. 344-346, 348, 352, 372,
374, 375, 388, 413. 424, 425.
444, 448-450, 466, 468, 484, 491,
493, 496, 507, 530, 533, 541,
570, 571, 578, 584; V. Bretton,
374; V. Hawley, 348; v,
Lewis, 265.
Gawson, William, 13, 14.
Claxston (Cloxston, Goxstone,
Gaston), Edward, 39, 70, 122,
152, 193, 196,258.
Gay, Ehzabeth, 105, no;
Francis, 367 ; Henry, 105.
Gaybome, William, 499, 568.
Gayborne's Island, 597.
Gement, William, 600.
Gifton, James, 569, 580; v.
Macklane, 569, 580.
Gifts, The, 334, 353, 396, 516-
518, 521^ 578.
Clocker, Catharine, 392 ; Daniel,
150, 185, 207, 208, 222, 243,
245. 289, 310, 323, 327f 335.
344. 357. 368, 389. 391, 409.
417, 420, 427. 461, 465, 466,
467. 471. 503. 509. 515, 520,
139, 553. 570, 574, 588, 604;
Elizabeth, 212, 392; John,
392; Mary, 185, 207-213, 221-
223, 245, 255, 368, 383, 391,
; V, Chj
53^
Eli
198',
392. 398, 414
handler,
323, 327. 335; V. Gwyther,
368 ; V, Warden, 389, 398, 420.
Coberthat (Coburtknapt), Rob-
ert, 2, 480.
Cobham, Thomas, 479.
Cobreth, John, 392, 517.
Cockerel, John, i, 3819; v. Lum-
broso, 389.
Cockshott (Cocksute), Jane,
169, 170, 172, 173; Mary, 55.
Colclough, George, 403-406, 410,
425, 440, 441, 461, 464, 477,
485, 499* 509 ; Ehzabeth Over-
zee, 403-406, 410, 425, S16.
Cole, Francis, 532; Josias, 104,
105, 203; Martin, 201, 25I
405 ; Richard, 399; Robert, 8,
90, 91, 99, 100, 131, 137, 170,
173, 174, 177, 185, 194. 195,
197, 221, 231, 237-239, 242,
344, 352, 354, 362, 365, 419,
425, 407, 471, 476, 480, 481,
509, 531. 565; William, 132,
137, 260, 295, 311, 312, 398,
447. 490, 567 ; V. Bretton, 237 ;
V. Games, 567, 568 ; v. Pryor,
201, 254; t'. Thomas, 350, 351 ;
v. True, 39?, 425-
Coleman, Ellis, 512, 514; John,
195, 446, 514.
Collett (Collect), John, 458;
Richard, 31, m i2iS, 142, 185,
195, 196, 326, 327, 409, 420,
422, 457, 461, 496. 503, 509.
512, 515, 516, 529, 569. 574,
598 ; V. Garke, 195 ; v, Ham-
mington, 31.
Collins, John, 33, 356 ; William,
512; ». Potter, 356, 357.
Comins, , 596.
Coney, , 158.
Congreve, Richard, 545.
Conner, Philip, 58, 62, 89, 105,
107, 108, 300, 382, 395, 503,
Conspiracy, 506.
Constable, Appointed, 91, 99,
119; Refusing office, 418;
Oath, 91.
Contempt of Government, 553.
Cooke, Andrew, 539; Edward,
511; Henry, 510, 5"; John,
454; Miles, 260, 276, 277, 302,
308, 346, 356, 357. 364. 367,
440, 516; William, 471; V.
Attwicks, 357, 364; V. Garke,
367 ; V, Foster, 357.
Coomes, Philip, 385.
Cooper, Joseph, 600; Robert,
53, 54, 570; Sampson, 456,
467, 472; Samuel, 344. 456.
Copley, Jane, 452 ; Thomas, 102.
Coppage, Edward, 108, 112, 313,
^315.316,319. ^
Copper Lace, 31, 80.
Copyhold, 507.
Corbin, Henry, 350, 538; v.
Turner, 538, 539;
Cormace, see McCormack.
Cornelius, Elionor, 296; John,
30, 33. 38, 64, 67. (SB, 75, 76.
166, 184, 185, 204, 207, 268,
296, 297; William, 147; v.
Land, 75.
Cornish, Robert, 193, 194, 364.
Com wallis ( Comwalley s ) , Pen-
elope, 515; Thomas, 2, 39, 40,
61, 62, 69, 82, 09. 119, 130-132,
138-142, 167, 186, 188, 193, 195,
196, 198, 200^ 201, 217, 219.
Digitized by
Google
Index.
223-226, 333. 235, 236, 241,
242, 247. 250, 25I 258, 260,
261, 267. 275, 276, 278, 279,
282-284, 296, 300, 301, 305.
306, 320, 336, 344, 345, 382,
384, 388, 397, 399, 400, 403,
411, 413, 415, 416, 423, 425,
426, 434, 436, 437, 442, 462,
487, 488. 51S, 533, 543, 547,
548, 578, 596; V, Atchcson,
535; V. Bateman, 413, 414;
V, Baysey, 200, 220, 201, 275,
276 ; tf. Bonham, 96 ; v. Bore-
man, 568; V, Brooks, 193; V,
Burrows, 130; v, Burdeck
(Burditt), 196, 250, 305; V.
Colclough, 403 ; V. Cole, 198 ;
V, Chandler, 82, 99, 139, 186,
198, 199, 206, 234, 254, 261,
399; V. Cranley, 193; v. El-
lenr, 261, 283, 284; v, Fereira,
196, 223, 301; V. Gooderick,
40, 69; V. Jarboe, 195; v.
Land, 61; v. Lord, 141; v,
Lindsey, 226; v. Mace, 193,
198, 250; V. Medley, 131; v.
Mjtchell, 195, 233, 247, 281,
397 ; V. Micheels, 388, 442, 568,
578; V. Nevett, 261 ; v. Over-
zee, 193, 23s; V. Parker, 39,
69, 141; V, Penny, 436; v.
Pille, 260; V. Phiflpott, 193;
V, Pheypo, 132, 138; v. Shep-
pey. 39, 195. 198, 241, 400; V.
Spngge, 196; V. Spinke, 400,
423, 424; V. Styles, 193, 198,
399; V, Thompkin (Thomp-
kinson), 39, 69; v. Tilney,
437; V. Wade, 282, 284; v,
Watson, up; v. Webbe, 201,
258; V. Wright, 267.
Coroner's Jury, 385, 451, 452,
480.
Corwaine, Teague, 362; v.
Mitchell, 362.
Cosby, Thomas, 385.
Costs of Suit, 256, 257.
Cotten, Edward, 569, 582, 583.
Couers, James, 65.
Counyer, Quintin, 456, 457.
Coursey, Henry, 5, 10, 11, 34,
39. 44, 66, 69, 78, 89, 98, 106,
114, 127, 145, 148, 149, 151,
152. 156, 174, 180. 200, 201,
203, 204, 207. 211;, 252, 253,
303, 310, 321, 324, 326, 329,
345, 346, 349, 353, 369, 375,
377. 382, 413, 417, 422, 424,
425, 433, 434, 436. 44?, 444,
449. 450, 454-456, 466, 408,
484, 486, 516. 524. 526, 529,
530, 571; John, 62, 69, 86,
108, 112-114, 266, 344; Wil-
liam, 62, 86, 89, 114, 152, 156,
182, 276, 296, 3", 321, 322.
344, 349, 364, 433, 434; v, Bay-
sey, 44, 66, 174; v, Edlow,
152; V, Land, 127, 148; v.
Manning, 526, 530; v. Morris,
266; V, Seamor, 10, 11, 152;
V, Smith, 39.
39
Court Baron, 94, 480.
Courtman, Capt. , 308.
Courtney, James, 185 ; Thomas,
128, 142, 185, 207-209, 212,
213. 221, 223, 255, 2^. 391,
420, 461, 465-467, 522, 523,
^532, 551,, 604.
Courts, John, 447, 448.
Covell, Anne, 295; John, 317;
Richard, 323; v. fiattin, 323.
Covenant, Action of, 285, 296,
509.
Coxe, Edward, 296; Henry, 5,
23.
Crabtrec, John, 40-42, 123, 131,
177.
Cragbone, Richard, 541.
Crane, Robert, 305.
Cranly, Anne, 221, 276;
Michael, i^, 193, 221, 276;
Nicholas, ^.
Crayford, William, 447, 448,
450.
Crescent, Ship, 355.
Cromwell, Oliver, death of,
258 ; Richard, proclaimed pro-
tector, 258.
♦Cross, The, 235, 278, 206, 308,
), 347, 412, 413, 409, 487,
. ', 514, 537, 543, 547.
Cross Creek, 522.
Crouch, George, 112; Ralph,
54, 59, 126, 133, 157, 185, 194,
197, 199, 217, 260, 264, 267,
277-279, 472; V. Fenwick, 185,
199, 217, 260, 267, 277-279.
Daly, Bryant, 218, 267, 405, 418.
Dammarell, Mary, 35, 36.
Dandy, John, 12, 13. 52, 70, 81,
82, 206, 207, 257, 281, 421.
Daniel, John, 214, 215.
Daniels, Thomas, 412.
Darcy (Dorcy), Edward, 314,
320.
Darling, Thomas, 566.
Darnall (Demall), Elizabeth,
474; John, 65; Mary, 65, 66;
Philip, 5J4.
Daughty, Enoch, 507.
Davies (Davis), John, 49, 55,
ISO, 202, 324, 394, 452, 589;
Thomas. 7, ^, I35-I37; v.
France, 67; v. Garford, 55;
V. Sprigge, 55-
Dawbone, Thomas, 573.
Dawson (Dowson), John, 454,
475.
Day, John, 266, 285, 331.
Deaver, Richard, 313, 3^7; v,
Archbuckle, 313, 317.
Debt, Action of, 1-14, 23-26,
30-34, 38-40, 42. 44, 48-50, 52,
55-57, 61, 69. 75. 83, 95-98,
112, 119, 122, 123, 126-128,
131-134, 165, 166, 182, 184,
185, 193-196, 198-202, 260, 261,
266, 2^. 304, 3", 314, 323,
325, 365, 380-382, 384, 392.
394-397, 399, 400, 40'
406, 442, 461, 46s,
507, 509,
r^?^' 597* ,
Debts, Smal
Deed of Gi
Real Esta
Deere, John
Defamation,
267, 389,
_55i, 569, 5
Demurrer, 5
Dennis, Johi
Dent, Thon
463, 467,
520, 538,
Dickason,
Detinue, 58,
379, 480, 5
Dew, Patria
Dexter, Edv
Dickinson (
386, 56p,
Dike, James
Dinian, Tho
Direckson, 1
307, 316.
Disorderly i
Divine Servi
523.
Dobbs (Dal
Dobson, Sar
Dode (Dod;
ard, 293, 3
Dodman, J(
597; V, (Ta
Dodson, Ji
195, 256, 2
Dormer, Dei
Dorrell, Geo
Dorrington,
William, 1
77* 80, 150
V. CTornel;
50, 8o;tf.
Douay, Co
Priests at,
Doughty, F
Matthew,
Douglas, Jol
♦Drayton, 4
Dudley, Wil
Dunn, Robe
Durand, Wil
Duress, 424.
Dutchman, J
Dyer, Willia
Dyniard (I
159, 192.
Dyott, Sir
572.
Eale, Williai
Earmarks, 2
95. 98, loi
136, 159.
192, 198,
301, 303,
323, 324, 3
E^w, Josei
320, 330,
Walton's .
gitized by
Qoogle
6io
Index.
Edmonds, Joseph, 349; v. Til-
ncy, 349.
Edwards, Isaac, 181; Samuel,
454; William, 246, 260.
Edwm, Mary, 197; William, 95,
99, 119, 19s. 197. 21S. 216. 241,
276, 302, 340; V. Smith, 95.
Eere of New England, Ship,
42^.
Eldrid, Thomas, S73-
Elkeen's Neck, 602.
Ellery, Henry, 227, 261, 283,
30s, 404, 44>, 471, 483; Mrs.
, 283; V. Colclough,
Elston, Thomas, 452, 541.
Elton, James, 573.
Eltonhead, Edward, 38, 78, 305 ;
Jane, 12, 28, 34, 38. 7h 78, loi.
139, 174. 175. 178-180, 199, 252,
^53» ?S7. .258, 279. 305. 345,
5§5; Wilham, 38, 78, 103, 178,
262,263, 345. 595; v.An-
ketill, 178; V. Qarke, loi; v.
Fendall. 78, 257; v. Elton-
head, 38, 78, 305; V, Scarbor-
ough, 199, 258, 279.
Elwes, Thomas, 334,
Elzqr, Arnold, 423 ; John, 465,
f78, 486, 492, 566, 594; V,
looper, 465.
Empson, William, 12, 27, 96.
133. 165. 344» 454; V. Linscy,
12, 96. 139; V, Marshall, 133,
13?, 165.
4mis, Wil
Ennis, William, 49, 128, 174,
324, 329.
Equity, 10, 75, 81, 151, 186, 193,
195. 198, 199, 206, 234, 254,
282, 370, 396, 442, 505, 5"-
513. 542-SSO, 557, 570, 572,
601.
Error, Writ of, 257.
Eures, Mrs., loi ; Thomas, 116,
117.
Evelin, George, 343, 344; Rob-
ert, 543.
Evens (Evans), William, i, 2,
3. 9., 12, 22, 32. 43, 51-53, 61.
62, 64, 68, 74-76, 81, 88, 89.
102, 128. 159. 160, 174, 184.
192, 260, 286, 299, 332, 340,
345, 385, 417, 431, 476, 490,
525. 531. 538, 552-554; 557"
566, 568, 570, 575, 578, 579,
583, 584. 589. 590, 000, 604;
V, Qarke, 570, 579; v. Gerard,
52. 74; V. Hill, 583, 584; V.
McKmney, 2, 260, 201; v.
Pillc, 557-566; V. Thomas,
573 ; V. Turner, 568, 578, 600.
Everett, John, 526.
Evidence, 328.
Ewens (see also Evans), Rich-
ard, I ; dptain William, 62,
127, 280, 300, 410: Admin, v,
Cobertnat, 2; v. Johnson, 32.
Extortion, 138.
Pal«*» Tninri«nnm#»nf V7f%
Farmer, Michael, 479.
Farrera (Farreira, Fereira),
David, 11-13, 35, 45. 48, 49-
56, 57, 70, 73. 98, 128, 151,
167, 196, 200, 202, 223, 224,
226, 301, 303. 404. 405, 441;
V, Bascy, 404; v. Berry, 49,
128; V. Bretton, 405; v. Cole,
405; V. Davies, 49; v. Ennis,
49; t'. Jolly, 12, 13, 48. 56;
V, Lumbrozo, 405, 441; v.
Price, 40s; V, S«imer, ii; tf.
Smith, 44; V, Tilghman, 301;
V, Warren, 200, 202, 226.
Feast, Daniel, 444. 445.
Fees of Officers (see Sheriff),
^104. 134.
Foidall, Josias, 19, 38, gi, 52.
61, 65. 66, 71, 74, 78, ^., _,
89, 92. 93, 95, loi, 103, 105,
114, 127, 131, 132, 134, 138,
139, 147, ISO, 157, 160, 177,
179. 180, 183, 186, 188, 190,
200-2Q2, 204, 216, 217, 223,
224, 228, 225, 233, 234, 236,
239, 240, 248, 249, 252, 256-
259. 261, 270, 288, 289, 292,
297. 305, 306, 309, 310, 313-
315, 319, 325, 326, 328, 332,
333, 33p, 342. 344, 346, 373.
374, 396, 427-429, 447-450, 468.
471, 480, 491, 496, 508, S09,
565, 570, 575-579, 596, 597,
'" tch,
600; V. Baysey, 200; v. Hate,
570; V. Kidson, 575, 576; v.
Slye, 596, 600 ; V, Taylor, 490 ;
t;. Waring, 490, 496.
Fenme, Dermott. 303, 305.
Fenwick, Cuthbert, 57, 142, 167,
219. 261.263, 278, 270, 455,
402, 476; Ignatms, 262, 263,
383; Jane Eltonhead (Mori-
son), 3, 32, ^3, 57, 66, 70, 122,
132, 142. 167, 180. 184. 194,
199, 217-220, 260-263, 2&7, 777-
279, 328. 455. 476; John, 263 ;
Richard, 178. 263; Robert.
178, 262; Teresa, 263; v,
Boreman, 132, 167; v. Hall,
194; V. Land, 57; v. Pakes,
122. 132, 167; V, Pope, 70.
Ferguson (Forgesson), Alex-
ander, 336.
Fisher, Francis, 194, 532, 554,
^55S
Fitzherbert, Rev. Frauds, 43,
132, 133, 144-146. 171, 263,
566,567.
Flogging, 255, 331.
Flood (Floyd), John, 159, 494.
Flour, 20.
Ford (Foord), Robert, 147, 552,
r,SS3.
Forfeiture of land for treason,
no.
Forrest, Patrick, 3, 5, 12, 104.
"3, 176, 179, 264. 283, 340,
^432,475,478.
Fortune. Ketch. aa2.
Foster, Anne, 129; Richard,
38, 82, 100, 141. 344. 357, 417,
430, 432, 438, 463, 405, 475,
484,566;Seth,89.
Fowke (Fowkes), (George, 386;
Gerard, 115; Richard, 451;
Thomas, 86, 137, 247.
Fox, Henry, 32, 45, 79, 83,
102, 157, 159, 197. 255. 2^
266, 294, 297. 298, 324, 370.
Fox's Pomt, 297.
Frame, Elizabeth, (fj.
Franckum (Francomb), Henry,
534, 539. 575 ; v, Wheeler, 539,
575.
Freeman, Elizabeth, 314, z^7\
John, 320, 321; Lewis, 128,
137; V, Holt, 128, 137; V.
Meares, 314, 317.
French, Nathaniel, 200.
Frisseli, Forker, 194, 310;
Sarah, 267.
Fuller, William, i, 62, 106, 116,
162-164, 272-274, 295, 300, 365,
427, 428, 470, 492, 528.
Funeral expenses, 254, 335, 351.
Fynney, William, 543, 545. 54f,
550, 572.
Galey, Richard, 307, 310, 371.
Galloway (Galway), Anthony,
83, 89, 129. 419.
Games, Richard, 146, 228, 289^
327, 410, 446. 447. 451, 453,
462, 553, 567, 568, 602; V.
Beckwith, 462; v. Bennett.
446, 447 ; V. Carpenter, 41a
(Naming Debt, 585.
Gardiner (Gardner), Isaac, 62;
Julian, 393; Luke, 11. 132,
133, 139. 143, 144, 344, 354.
393, 476, 487, 490, 493, 494.
531, 538, 552. 559, 564. 565.
570, 579. 588-591; Richard,
385; V. (krard, 132, 133. 139.
143. 144.
(Gardiner's Creek, 393.
Garford, Richard, 55.
Garill, Richard or John, 19, 20.
(Gary, Tohn, 573, 574; Stephen,
14, 61, 72, 73, 103, 136, 137,
179, 420; V. Moore's Estate,
14.
Gaston, England, 386.
Gaylord, James, 61, 94, 138. 182,
f25; Stephen, 100, loi; v.
>helps, 61, 138, 182.
(5ce, John, 431, 438.
Cheery, Oliver. 581.
George, Griffin or Griffith, 15,
^ 16, 529, 569, 570, 580-582.
Georgestown, 460.
(jerard (Gerrard, (Garrett),
Elizabeth, 263 ; Justinian,
197; Susan, 143, 144, 170, 188,
192, 265, 373, 544; Thomas,
I, 10, 18. 19, 21. 22, 51, 53,
65. 66, 74, 85, 86. 94, 95. 99,
128, 131-133, 139. 141, 143-
\a(%. Tcft.T6n. i6fi. t6o-it^ xif^.
Digitized by
Google
Index.
6ii
34B, 260. 265. 267. 270, 285;
286, 323-326. 332, 339, 344.
346, 36s. 368. 371-374, 384.
398, 414. 427-429. 449, 463,
464, 467, 471, 472. 476-478,
480, 481, 484. 486, 492-494,
506, 525. 527, 530-532, 539-
549, 566, 567. 569-572. 583-
585, 595. 596. 598; V. Bdchcr,
471, 472; V. Cole. 467. 476.
480; V, Evans, 128, 159, 160,
286; V, Goodrick, 131; V.
Hall, 267, 285; V. Jarboc, 267,
285, 324; V. Lindscy, 133; v.
Mitchell, 85, 86; v, Reynolds,
532, 569. 583; V. Thompson,
486, 492. 493, 506, 569, 584;
V, Willan, 166, 248, 372, 373-
Gerard's Creek, 265 ; Manor, 52.
Gibbons, 129, 251, 395 ; Thomas,
457.
Giles (Gyles), William, 467,
471. 475.
Gilford (Gillford), Mary, 332;
William, 3, 8, 30, 295, 324.
* 325; V. G>mrs. of Calvert
Co., 332.
Gill, Benjamm, 8, 90, 99, 100,
169-173. 178, 237. 238.
Gillett (Gil Hard), Jarman
(Ckrman). 451, 452, 513, 5i5,
519. 522, S70.
Glover, Giles, 119, 168, 393; v,
Trew, 119, 168.
(lodsgrece, James, 480.
Golden Fortune, Ship, 214-216,
276, 358, 360, J62, 400, 512.
Golden Lyon, Ship, 406, 408.
Goodard, Christopher, 522.
Goodrick ((Jooderick, Guter-
idgc, Goodridge), Francis,
103; George, 4, 5. 40, 58-60,
69, 96. "4, 131, 133. 149, 155,
397; Timothy, 7. 34. 72, 75.
77, 78, 83, 8s. 327; Ursula,
58, 59 ; V' Jolly. 34, 75. 77, 83 ;
V. Parker, 155; v, Prescott,
397; V. Watts, 7.
(jood wicker, Christopher, 51,
85.
Goodyear, Christopher, 64, 208.
(joosey (Gosie), Samuel, 280,
480.
(Jorden, Daniel, 491, 500.
Gosse, Frances, 130.
Gott, Henry, 112; v. Stuard,
112.
Gottley, John (alias Dowle),
384,398,422.435. ^
Gouding (Goodmg), George,
^, 571. 588; Captain, 235; v.
Bradshaw, 571, 588.
Gould, Anne, 270-275; Ckorge,
(Moulding. John, 82, 83, 187.
(jouldsmith, (Jeorge, 196, 457-
460; John, 65; Manr, 460;
Samuel, 459, 465; Thomas,
458.
Goulson (Gouldson, Golson),
Daniel, 11, 268, 280, 290, 301,
484; V. Gardiner, 11.
Grammer, John, 26, 146, 183,
200, 385; V. Bramwall, 183.
GnngtT, William, 486.
Graves, Samuel, 383; William,
461, 481.
Gray, Francis, 185.
Green's Point, 150, 244, 528.
♦Green's Rest, 250, 251.
Greene, Elizabeth, 394, 405, 440,
441. 445, 451. 463. 481. 48s.
488, 527. 578; John, 328, 391,
480; Leonard, 204; Thomas,
169, 249; William, 134, 150,
263, 394, 405, 406, 430, 432,
438, 441. 446. 463. 481, 485,
491. 503, 505, 512, 515, 525.
578; , 173; V. Gwythcr,
405, 441 ; V. Metcalfe, 441 ; v.
Robinson (Roberts), 485,
488, 512, 525.
Greengoe, William, 117, 118.
Greenwell (Grinwcll), Bridget,
43; James, 43, 557-566; John,
43. 44. 51, 290. 332, 341, 557-
566; V. Hall, 332.
Gregory, Thomas, 193, 220, 221,
275, 276; Mrs., sec CIranly.
Gresham, John, no.
Grieve, Margery, 573. 574-
Griffin, Anthony, 482, 512;
Jacob, 576 ; Thomas, 133, 164,
165, 194, 405, 419. 515 ; ,
210; V. Grymes, 512.
Griffith, Thomas, 5^9; v. Car-
penter, 519.
Grimes, Daniel, 532; Richard,
397, 512; V. Atchison, 397;
V, Bevin, 397 ; v. Wright, 397.
Grimsditch, John, 102.
Grosse, Roger, 89, 313, 419.
Groves, Collard, 306.
Guard duty refused, 523, 524.
Gwest, Robert, loi, 137, 158,
488; Walter, 293, 333-
Gwy, Anne, 293.
Gwyther, Nicholas, 5, 19, 61,
62, 69, 86, 88, 89, 96, 128, 129,
131, 133, 137, 142, 149. 161,
177, 196, 202, 204, 217, 242,
251, 255, 256, 266, 298, 309.
339, 344. 348, 351. 356, 362,
368, 383, 397. 398, 413, 417.
437. 441. 442, 463. 464, 484.
485, 489, 490, 536. 552. 588,
594, 602; V, Asbiston, 129,
161; V. Brooks, 131; V.
Qocker, 398, 413; v. Good-
rick, 133, 149; V. Owen, 202;
V. Potter, 128.
Hack, (jeorge, 462, 492; Seph-
arin, 20, 492 ; v, Morgan, 462 ;
V. (yMaly, 462; V. Wright,
462.
Haddoway, Rowland, 568, 592.
Haggett, Humphrey, 482, 496-
498. 503, 505, 506, 551, 553;
V. Wade, 497, 498.
Halfhead, John, 65, 103, 179,
311. 553.
Hall, James, 95, 229, 267, 447,
521, 571, 602; John. 333, 517;
Penelope, 474, 522, 528, 603;
Sarah, 602; Walter, 43-47,
51, 72, 77, 79, 97, 152. 157,
194, 196, 221, 231, 255, 256,
259, 266, 267, 281, 285, 286,
289, 290. 294. 298, 3", 324,
327, 332, 340-343, 354, 368,
370, 394, 431, 473, 477, 483,
534, 553, 559, 561, 563, 566,
575, 590, 591. 597, 602; Wil-
liam, 447, 448, 450; V, Abell,
95; V, Hammond, 294, 311;
V. Mitchell, 45, I57; v. Pa^-
ton, 79, 97, 152; v. Pille, 267,
340-343.
Hambfeton (Hamilton), John,
68. 98. 103, 158. 243. 248, 265,
303, 417; V. Waring, 103, 158,
248, 265.
Hambrough (Hamburg?), 411.
Hammington, William, 31.
Hammond, Anne, 44, 73, 195,
256, 266, 270, 204, 3", 338.
340, 347, 348, 388, 394, 406,
437, 446, 452, 48^, 494. 528,
520, 590, 591 ; Benjamm, 229;
John, 73, 266, 452. 475. 478,
479, 483. 487, 490, 491, 493.
494, 509, 515, 516, 519. 520,
522, 528, 529, 551, 569. 572,
580, 581. 5»-59i. 596. 597,
602; V, Cornwalleys, 596; v,
Dodson, 195, 256* 270, 338,
339. 348; V. Lord, 528, 529;
V. Lumbrozo, 588, 590, 591;
V. Pakes, 569, 580; v. Stone,
596, 597; V, Tilney, 347. 487,
400. 491, 494. 509. 519; V.
Veitch, 487, 493.
Hamper, Thomas, 103.
Hampsted (Hampstead), Wil-
liam, 128, 130, 156, 184, 193.
190. 240, 241, 404. 405. 420,
438, 596, 601; V. Basey, 404;
V. Browne, 596, 601 ; v. Over-
zee. 184, 193, 199, 240.
Haniield, Edmund, 467.
Hanging. 255. 259, 457, 458.
Hansford, John, 239, 488.
Hanson, Randall, 4^, loi. 447.
Harbert (Herbert), CHement,
461, 468, ^5 ; , 240.
Hardestie, George, 17, 585.
Hardy (Hardige), William,
388, 422.
Hare, James, 160.
Harper, Thomas, 409, 451, 452;
William, 117, 171. ^7^, 194.
202, 385, 395, 416, 417, 471.
508, 522; V. Clarke, 194, 202;
V. Smyth, 385.
Harrington, Jeremy, 439.
Digitized by
Google
6l2
Index.
Harris, Alice, 99; Elizabeth,
430-432; George. 394, 395;
John, 369, 380, 384. 413, 596;
Richard, 25, 26, 148, 252, 253 ;
Samuel, 431; , 353; v-
Bateman, 380, 413 ; v, Greene,
394, 395 ; V. Harper, 395-
Harris* Creek, 415.
Harrison, Joseph, 312, 351, 539.
Hart, Nicholas, 443; Samuel,
239.
Hartford, Connecticut, 472.
Harvey, Thomas, 140, 198, 235,
236, 240, 340, 406, 437.
Harwood, Edward, 154; John,
32. 39, 81, 99, 194, 195. 241 ;
Philip, 24, 34, 35, 5o, 486;
Robert, 5, 9, 152, 200, 225,
493, 573. 574; Thomas, 40CH
408, 514; William, 129; v.
Edwin, 32, 195, 241; V. Wil-
liams, 514.
Haskeynes, , 363.
Hassefl, Richard, 495.
Hatch, Alice, 576; John, i, 3,
9, 22, 27, 28, 62, 70, 87, 88,
123, 131, 174, 263. 292. 352.
407, 408, 427, 428, 447, 448,
469, 570. 57S-«!'77; V. Clark,
352.
Hatton, Elizabeth, 571; John,
449, 479, 5"; Margaret, 176.
179; Thomas, i, 3, 4. 12, 50,
69, 104, 113, 125, 149, 166,
176, 177, 199, 200, 249, 265;
William, 475, 478, 503, 5<>p,
513, 520, 532, 539. 551, 576;
V, Abrahamson, 179.
Hawker, Thomas, 185, 218, 267,
268, 405, 418, 419; V. Math-
ews, 268, 405, 418, 419.
Hawkins, GJeorge, 386; John,
7, 67, 419. 420, 424, 442;
Ralph, 320; Thomas, 22; v,
Hutt, 420; V, Sheares, 442.
Hawley, William, 348.
, 387.
209; William, 221.
iam, 150, 229, 231.
ilph, 465, 484.
n, 95, 153,400,437.
•' 255.
am, 447-450, 478.
5. ^
iry, 16, 17.
int, 193, 231, 281,
, 359.
irt, 531.
ith, 436 ; William,
Villiam, 42.
n, Andrew, 479;
I. 415. _
bert, Capt., 471,
im. 396. ^
rt, 571, 585. 596.
fiarbert.
Herman, Augustine, 344. 353,
355, 356, 389-392, 403-406, 440,
441, 461, 484, 496, 5op, 512,
S16, 574, 579, 580 ; v. Billings-
ley, 392; V, Colclough, 403,
405, 406, 440. 441, 509, 510;
V. Price, 403, 574, 575; v,
Overzee, 389. 390-392, 403.
Herring Creek, 429, 430, 444,
445, 583.
Hersb^e, William, 436.
Hethcott, Thomas, 409, 411, 439,
440.
Hewes, see Hughes.
Heylin (Heylyn), Henry, 311,
532, 568, 587, 591, 592.
Heynes, see Haynes.
Hicks (Hix), Richard, 36, 77^
79, 152, S19, 582; V. Jolly, 79;
V. Waring, jy, 152.
High, Robert, 384; v. Bessc,
384.
Hill, Francis, 150, 522, 576, 583,
584, 602 ; Robert, 52, 151, 260,
278; William, 433.
Hillerd, John, 566.
Hinshman, Edmond, 5, 18.
Hinson, Anne, 271-273 ;
Thomas, 105, 11 1, 113, 114,
228, 244, 258, 299, 305, 313.
321. 322, 414, 427, 428, 472;
V, Coursey, 321.
Hobbs, John, 384, 3})8, 422, 435,
438, 505, 506; Richard, 240.
269, 437; V. Gottley, 384, 398,
427, 435; V, Haggett, 505, 506.
Hobson, Thomas, 337.
Hogs, 20, 21, 102, 103, 115, 125,
126, 161, 176, 182, 226, 247,
311, 403, 420, 441, 481, 522,
523, 541. 552, 600.
Holeman (Holman), Abraham,
III, 318; William, 314, 317,
318; V. Chapman, 317, 318.
Holland, ^.
Holliday (Halliday), John, 316,
Hollingsworth, Charles, 504 ;
John, 167, 175, 252.
Hollyes (Hollis, Hallews).
John, 396, 421.
Holmes, Nicholas, 491.
Holt, Anne, 213; Christian, see
Bonnefield; EHivid, 529, 591-
593; Dorothy, 149, 150, 229,
230. 244, 528; Elizabeth, 577;
Robert, 128, 137, 149-151, 228-
230, 243, 244, 3", 410, 490.
528, 591-593; V. Bonnefield,
529, 592, 593.
Homewood, James, 314, 315;
Thomas, 314, 315.
Hooker, William, 302.
Hooper, Amy, 445; Henry, 5,
6, 25, 31, 34, 35, 77. 80, 98.
130, 152, 179, 182, 200. 246,
465; Robert, 463, 475, 478,
481, 491, 505, 512; V. Greene,
463, 481, 491, 505, 512; V.
Norton, 34, 35, 80, 152, 246.
Hopewell, Hugh, 393, 394. 579-
Hopkins, Robert, 20, 21, 303,
433; Thomas. 49, 303; Wil-
liam, 316; V, Basey, 20, 21;
V, Morgan, 316.
Home, John, 269.
Horses, 28, 77, 141, 148, 152,
167, 185. ij>4, 217-220, 227.
228, 260, 262, 263, 267, 277-
279, 575-579, 582.
Hoskins, John, 412.
Hostkeys (Hotskeys, Hott-
skeys, Hodgkeys, Hotchkeys,
Hoskeys), Edward, 19, 179.
180; Richard, 100, 141, 206.
227, 250, 340, 347, 349, 350,
414, 437, 462, 487. 494, 509,
515, 528: V. Fendall, 179.
Hotley, Thomas, 577.
Howe, Thomas, 325, 415.
Howell, Humphrey, 95, 125,
195,490; Thomas, 89.
Howes (Howse), Ann, 6, 330;
George, 351 ; William, 5, 42,
184. 232, 233.
Hoyle, Julian, 129; v. Stock-
dalle, 129.
Hubberd (Hubert), Eden, 521 ;
Robert, 499.
Hudson, Edward, 229; Robert,
201 ; V. Baker, 201.
Huggins, Richard, 320.
Hughes (Hewes, Huse),
Thomas, 382, 395, 566; Wil-
liam, 12, 190, 191, 199, 243,
250, 251, 310, 3". 324, 331.
339, 388, 437, 438, 471; V.
Clarke, 199, 250; v. Stone,
199. 251, 324, 339, 389, 395.
437, 438.
Hull, Augustine, 63, 64.
Humphreys (Humfrey), Chris-
topher, 571 ; Robert, 574.
Hungerford, William, 455, 469,
470.
Hunley (Hundley), Robert, 87.
131, 292. 294, 449, 600.
Hunniford, , 50, 51.
Hunt, John, 596, 600; William,
444, 445, 457.
Hunting Creek, 581, 582.
Husbands, Richard, 260, 266.
276, 277, 302, 311 ; V. Cooke,
260, 276, 302 ; V, Edwin, 260 ;
V, Pakes, 266.
Huse, see Hughes.
Hussy, Thomas, 44, 73; v.
Hammond, 44, 73.
Hutt, Daniel, 268, 287, 288, 302,
303, 344, 351. 352, 374, 410,
411, 419, 420.
Hyatt, John, 9.
Hyde (Hide), Henry, 522, 554,
575. 576, 597; Philip, 61, 72.
73* 136, 137, 200; V. Gary,
61. 72, 73.
nines (Iline), Isaac, 106-110,
300.
Indemnity, Act of, 424.
Digitized by VnOOQ IC
Index.
Indians, 82, 115, 186, 190, 191,
199, 206, 223, 224, 230-232,
254, 316, 317, 456, 471, 56s;
Trade with, 287, 288, 302, 303,
593. 594.
♦Innis' Choice, 412.
Inniss (Innis), Thomas, li,
412, 413, 442, 447, 448, 522,
553, 596, 002, 603; William,
220, 277. 327. 451, S7I.
Ireland, William, 338.
Ireton, Thomas, 385.
Isham, Roger, 22, 59, 120, i,
204, 207, 226, 231, 259,
341, 394. 423, 590.
Jackson, Barnaby, 78, 103, 104,
128, 132, 134, 139, 141. 142.
165, 185. 199, 218, 251, 267,
478, 521 ; Francis, 421 ; Mary,
332; Thomas, 59, 129. 463,
464; V. Stone, 165, 197, 251.
Jacobson, Aaron, 10, 21, 33, J5,
99. 127, 137, 158, 166, 183,
202; V, Cornelius, ^5, 166;
V. Johnson, 21 ; v. Little, 99,
158, 183, 202; V. SUndley,^3.
James, Charles, 457, 460, 403;
John, 511, 516, 517, 521;
Owen, 22, 30, 82, 194, 228,
30§, 360, 301; Robert, 497,
498; V. Gouldsmith, 400;
River, 186; Town, 246, 366,
Janson, Peter, 308, 310.
Jaqucs, George, 337; Henry,
577.
Jarboe, John, ^2, 56. 64, 96, I37,
155. 195. 2ft^, 285, 286, 2^,
324, 325. 341, 342, 394, 451,
452 ; V. Mattocke, 96, 155 ; v.
Ware, 126, 137.
Jarvise, Thomas, 288, 374, 447.
. 448, 450.
Jay, Temperance, 343.
JeflFeries, John, 269.
Jenifer, Daniel, 530, 556.
Jenkins, John, 3, 96, 115, 131,
140. 155, 397. 447-450, 470,
492. 509, 5"; V. Mace, 96,
155.
Jennings, Peter, 366.
John's Adventure, Ketch, 410,
411. 419.
Johnson, Abraham, .'^90 ; Albert,
20, 21, 33, 35, 166; Barbara,
20; Cornelius, 10. 32. 44, 55,
56, ^, 68, 75, 83, 98, 177, 260;
Daniel. 227, 475, 487, 495, 496,
Sp3, 570, 571. 579. 584;
George, 436; James, 97, 292,
297, 298. 448, 451, 453; John,
125; William. 144, 472. 473,
538, 539; V, Gerrard, 570. 57i.
584; V, Nevett. 10; v. Penny
(Thickpenny), 55, 66, 75, 81,
83; V, Turner, 487, 495.
Jointure, 261.
Jolly, James, 12, 15, 34, 48, 56,
75. 77-79. 83, 232, 233. 467.
471, 529, 570, 585; V. Little,
529.
Jones (Joanes), Avis, 194;
Christopher, 50, 57, 71, 84,
310, 515; Owen, 387; Rice, 7;
Robert, 116, 305, 507, 522; v,
Tickner, 57.
Jordan, Thomas, 8, 31, 36, 79,
80, 194, 596; V, Brandson, 8;
V. Gillford, 8; v, Joley, 79.
Joy, Martha, 301 ; Peter, 72, yy,
81, 268, 289, 301. 382, 384, 471,
484; V. Nevill, 382.
Joyce, John, 344.
Joyner, Robert, 430, 43i, 438,
452, 522.
Jury, 5, 7Z, 75, 77, 150, I55. 174.
204, 207, 221, 228, 231. 243,
245. 289, 292, 327, 342-344,
382, 415, 417. 430, 432, 438,
448, 451, 453, 475, 478, 503.
513, 515, 522, 539, 551. 553,
555 ; Grand, 309, 3io, 419, 420,
424, 427, 429, 430, 432, 447,
457, 471, 522; of Women, 20;
Coroner's, sec Coroner.
Justices of the Peace. Appoint-
ment of, 87-89; Oath of, 89.
Kadmore, Richard, 507, 519*, v.
Steeres, 519.
Kane, John, 114, 115, 138.
Kecoughtan, 261.
Kedger (Kadger, Cager, Cai-
ger), Robert, 133, I94, I99,
213-217. 221, 243. 344. 354,
364, 396, 421, 455, 468-470,
488, 513, 518, 532, 554. 555,
m 576, 584, 596. 597. 607;
Thomas, 33. 196, 198, 235,
243, 467; V. Accworth, 596,
601 ; V. Barriffe, 33 ; v. Black,
513, 518, 532, 554-556; V, Hall,
196; V. Hyde, _
133; V, Taylor, 306, 421; v.
597 ; V. Packer,
Tilghman, 199, 216.
Keene (Keine), Edward, 24;
Henry, 26, 35, 146, 150, 166,
174, 384; V. Estate of Little,
26; V, Waring, 383.
Keiling, Thomas, 500.
Keister, Samuel, 185.
Keitting, Audrey, 445; Nicho-
las, 409, 439, 440, 445; V.
Hethcott, 400, 439.
Kempc (Kemp), Matthew, 592;
Peter, 452; Thomas, 193, 240;
William, 7.
Kenly, Robert. 399, 417.
Kennedy (Kennede, Canada),
Cornelius, 184, 202, 296 ; Wil-
liam, 64, 185, 219, 423, 496.
503.
Kennis, Thomas, 39.
Kent, Henry, 573; Tomazin,
573, 574; William, 139. 163;
Isle of, 106, 113, 298, 300, 314.
Kent County, 62, 86, 89. 104.
105. 109, 127, 168, 182, 202,
257. 299. 300, 313-315. 319.
344. 3
496, 5C
daries
Kerke (
93, 94
196, 2
405; ^
V. Ba:
183, 2i
Kethertc
Keylwaj
K^rtin,
137, I
221, 2<
V. G\*
Kirk,
Kidson,
Killborn
King, Tl
King Da
Kingsboi
Kmsb<
ert, 29
326, 3
484,45
lett, 4^
Kleneke,
Knaggs,
Kenly,
Knap, J<
301, 3<
strong
Knowles
Lacy, Fx
Lake, Q
Lambert
Land, Ai
38, 40
72. 75'
120, I
149, I
210, 2
325, 3
311; V
182; z
Moffet
r. Sh<
43, I
(Step)
Langfor
Langfor
Langwo!
64, 81
178, I
340, .'
Clark<
Lanstoi^
Laremoi
drew,
Larkin,
Lawrell,
Lawren<
488.
Lawson
469,5
oogle
6i4
Index.
tate of Lewis, 4, 70; v. Smith,
33-
LeConii>te, Antony, 61, 354; v.
Ashcombe, 354.
Lee, Elizabeth, 23; Hannah,
422. 512, 532, 537, 569; Hugh,
398* 399, 456, 462, 467. 468,
512, 520, 537; James, 134, I53.
197, 204, 207; John, 288;
Richard, 366, 367; Mr., 269;
V. Atchison, 532. 537. 538.
Leech, Capt, 272.
Leedes, William, 106, 273, 313,
419, 512, 525.
Lees, Edward, 549, 57i, 572,
574.
LcFevre (LePhcybour), Peter,
61, 138.
Leister, Samuel, 326.
Leonard's Creek, 243.
Leopard, Ship, 387, 388.
Letch worth (Leitch worth) ,
Thomas, 23. 174, 268, 486,
581.
Letters, Opening, 573, 574<
Lcwger, John, 42, 44, 76, 83, 84,
125, 325, 417, 475, 478; Mar-
tha, 341.
Lewis, William, 4, 5, 58-60, 60.
70, 96, 114, 131, 133, 149, 198,
230, 231, 265. 297, 305, 333,
368, 398; Widow, 172.
Limitations, Statute of, 220.
Linsey (Lindsey), Edmond, 12,
50. 97, "5. 201, 204, 207. 231,
292, 344. 357; James, 50. '
72. 77f 79, 83, 84, 87, 95. . .
133, 154, 166, 174, 193, 201,
221, 226, 231, 244, 248, 253,
254, 265, 300, 354, 372, 373,
392. 393. 487; V. Marshagioy.
50; V, True, 392; v. Watson,
50.
Lintall, Joseph, 567.
Liquor, Price of, 138.
Lisseon, Daniel, 387.
Little, Basil, 6, 7, 22-26, 80;
John, 19, 20, 127, 137, 158. 183,
202, 529, 569, 570. 580, 581,
582 ; V. Dickson. 569, 570, 580-
582; V, Jacobson, 127, 137,
158, 181, 202; V. Jolly, 529.
♦Little Bretton (Brittaine),
531.
Littleworth, Hannah, 190, 191.
Lloyd, Edward, i, 62, 192, 228,
234, 240, 248, 249, 256, 257,
270, 274, 275, 289, 299, 300,
314, 315, 319, 320, 326, 332.
333, 339, 424, 425. 433. 434,
444, 456. 458, 466. 484, 486,
521, 573; John, 116, 117, 120;
Margaret, 116, 120; Richard,
29, 419, 4*7. 451, 452, 538. 552,
554, 575. 588. 589; Robert,
343, 344; William, 601.
Lodmore. John, 350.
Lomax, Thomas, 28, 140. 344.
354, 447, 448, 450, 5", 578.
London, England, 36, 62, 79,
132, 214, 237, 265, 269, 302,
304, 306, 355, 359, 360, 380,
400, 406-408, 426, 437, 459,
461, 495, 512, 519, 533. 534,
538. 542, 545, 548, 549.
London, John, 364; v, Reade,
364.
Long, Thomas, 200, 221, 350.
Longworth's Point, 52, 53.
Lord, John, 3. 61, 97, 127, 141.
160, 371, 372, 471, 472, 528,
529; Richard. 579. 580; v.
Gerard, 61; v. Stone, 127,
160; V. Teunis, 31.
♦Lord's Gift, 529.
Love, Judith, 477; William,
359.
Lovely, Deliverance, 313, 432,
438; Elizabeth, 271-274,
Lowry, William, 570, 585, 600.
Loyle, William, 415.
Lucas (Lewcas), WilHam, 62,
100. loi, 132, 150, 164, 198,
253. 312, 447, 490, 513; V.
Brooke Adminr., 198.
Ludford (Lumford), Arthur,
loi, 103, 130, 156, 419; V'
Stephens, 103.
Lumbard, Francis, 113, 114.
Lumbrozo, Jacob, 2, 3, 10, 30,
70, 82, 98, 99. 127-129, 151, 179.
184, 203, 389, 405, 441, 467,
513. 519, 567, 570, 571, 578,
589-591, 601 ; V. Abraham, 99,
179; V. Brooks, 184; V. Codc-
ereH 2; v. Ewen, 127, 129;
V. Ferreira, 98, 128, 151, 152;
V. Galloway, 83; v. Gillford,
3, 30; V, Harwood, 129; v.
Hammond, 567, 57o, 578, 589,
591; V. Jolly, 467; V, Pakes,
513, 519.
Lurkey, Nicholas, 252.
Lyne, George, 307, 310.
Lynn Haven, 235, 236, 240, 241.
MacCart, John, 182.
McCormack, Cornelius, 264.
563.
Macdoell, William, 44.
Mace, Qodoneus (Clovis), 52,
53, 136, 155, 193, 198, 250.
Mackall, George, 344, 354. 364,
448, 451. 453, 454, 471, 496,
5^ 509, 520, 532, 539, 555.
Madame, Richett, 47^478.
M a c k e y (Makey, Mackay,
Macky, Mickay), John, 196,
223, 224; Robert, 6, 26, 184,
277, 570 ; V. Osborne, 184.
McKinney (MacKenny, Makin-
ney), John, 260, 291.
Macklin (Macklane, Macklsm),
Marraret, 569; Robert, 3, 4.
97, 98, 276, 310, 430. 432, 438.
461, 475. 509. 553, 569. 571,
576, 580; V, Pollard, 571; v.
Estate of Walter, 3; v. Wil-
liams, 509.
Maddookes (Mattox, Mat-
toche), Ann, 13, 34; Rice,
Richard, 13. 96, I55, 367, 472.
Magruder (Macgnider), Alex-
ander, 150, 585.
Male feasance in office, 77.
Manadose (Manathos, Manhat-
tan), 7, 20. 21, 162, 271, 273,
4", 443-
Manfield, James, 369.
Manning, John, 323; Richard,
323; Thomas, 289, 323. 353,
354, 36s 421, 422, 425, 453.
482, 486, 494, 516, 520, 526,
530, 539. 551, 571-575, 578,
585.586,598;v. Cole, 365.
Manokin River, 593, 594-
Manor, 464, 534; Lord of, 263.
Manship, Arthur, 303.
Manslaughter, 190.
Maphey, Robert, 287.
Marcarke, John, 452.
Maria, Ship, 306.
Maris, Thomas, 182.
Marke, John, 491.
Markeyne, Thomas, 81 ; v.
Chaplan, 81.
Markham, John, 594.
Marriage, 456.
Marsh, Mrs. Sarah, 3, 369, 422.
491, 496, 505 ; Thomas, 5, 19,
82, 113, 114; V. Eltonhead,
3; V. Gwyther, 5. 19.
Marshagioy, Benedict, 50, 441;
Margaret, 431, 432.
Marshall, George, 578; Wil-
liam, 26-28, J2, 64, 76, 92, 123,
132, 165, 176.
Mathews, Hester, 185, 218. 267.
347, 473 ; Hope, 489 ; Thomas.
54, 88, 139. 148. 184, 185, 217-
221, 226, 228, 230-232, 259.
263, 264, 267, 268, 277-279.
310, 323, 3j6, 347, 405. 418,
430, 432, 480. 569, 582, 588,
589; V. Mitchell, 148.
Martin (Martine, Martyn), Ab-
dalla (Abdelon), 44. 65, 66,
68; Ellionor, 132, 134, 137,
164, 177. 409. 420, 467. 481,
499. 513, 518, 521, 529; Fran-
cis, 514, 518 ; James, 452 ; Jos-
eph, 555; Loadwick, 514, 5^8,
529; Patience, 409. 455. 467.
481, 499. 513, 521; Robert,
112; Thomas, 385; William,
389. 398, 409. 420, 518; V.
Qocker, 409; v. Cranly, 132;
V, Greene, i^; v, Gwyther,
177 ; V. Martin, 467, 481, 499,
513, 514, 518, 521.
Mastvick, John, 267, 409, 438;
V. Russell, 438.
Mattapanian (Mattapany, Mat-
tapanient). 232, 233, 277, 343.
477. 529. 533.
Maunder, Wilkes, 255.
Digitized by
Google
Index.
\
Maunsell, John, 102, 128, lOo,
345.
Mayflower, Bark, 287, 288, 303,
374.
Maynard, Charles, 5, 00, 158,
IS9, 195, 260, 452; V. Gerard,
^W, 158, 260; V. Hall, 51.
Meares (Meeres), John, 385;
Thomas, 314, 317, 419.
Mecray, Macum (McCrae, Mal-
colm), 436.
Medical Attention, 9, 22, 54, 71,
81, 102, 161. 272, 353. 503;
Man, 92, 263, 284, 3^9. 492.
Medley (Meadly), John, 64,
125, 126, 131, 298, 394, 52s.
539, 570.
Meese (Mee), George, 97, 253;
Henry, 22-25, 50. 62, 65, 80,
94. 95, "9, 125. 179, 192. 207,
228, 238, 285, 371, 389. 396.
404-406, 440. 4S9» 460, 595;
V. Bents, 253; v, Colclough,
404, 405; V. Delahay, 119; v.
Harwood, 24; v. Lindsey, 97.
Metcalf, Jeremiah, 409; John,
loi, 122, 129, 138, 142, 161,
^f§» 12?' ^^' 409, 439-442,
468, 588.
Meyor, Peter, 457.
Micheels (Michelle, Micheel-
son), Jacob, 388, 442, 461,
568, 578.
Milam, John, 206, 207.
Miles, Thomas, 320, 321; To-
bias, 573, 574.
Milligan, Patrick. 5.
Mills (Mill. Miles). Peter, 298.
394. 406, 458, 513, 580, 589;
William. 29, 57, 174, 210. 324.
327. 329. 345, 415. 410, 448,
451, 453. 454, 475. 601; v.
Hammond, 406; v. Tickner,
57.
Mitchell, Henry, 336-338;
Thomas, 247, 248, 288, 335,
336, 362, 397; William, i, 2,
10, II, 18, 19. 21, 45, 77, 81,
84-86. 134, 137. 148, 157, 165,
195. 198, 226-228, 233, 247,
248, 277. 281, 282, 301. 335,
336, 340, 372, 397. 528; V.
Boreman, 198; v. CTomwallis,
2; V. Gerrard, i, 10, 18, 21,
22, 81 ; V. Inniss, 11 ; v. Mitch-
ell, 335; v. Phillips, 10.
Mochar, John, 216.
Moffett, William, 42.
Molden, Grace, 336-338.
Moore fMore), Henry, 191,
292, 468. 471 ; Richard, 10, 14,
158. 248. 345. 417 ; Roger, 417 ;
V. Fendall, 468, 471.
Morgan, Abraham, 462, 492;
Henry. 89, 105, 109, no, 113,
129; Owen. 316; Philip, 20,
34, 89, ITO. 323, 330.
Morison (Moryson, Morssam),
John. 184; Richard, 480;
Robert, 261.
Morley, William, 570, 587.
Moron, William. 571.
Morris (Moores, Mores) .
John, 294, 343, 447, 448;
Nicholas, 182, 255. 365, 439;
Richard, 271, 354, 447, 448,
450; Robert, 22-25, 214, 389,
427, 433; V. Bagbey, 25; v.
Bussey, 24; v. Cox, 23; v.
Grammer, 26; v. Hooper, 25;
V. Hopkins, 433; v, Keene,
24; V. Morgan, 26; v. Mur-
rell, 182, 255, 439; V. Pott, 24;
V. Reede, 25; v, Sutton, 23;
V, Tayler, 25 ; v. Turner, 25 ;
V, Wright, 25 ; , 2.
Mosse, Richard, 295.
Mountjoy, James, 306, 310.
Muge (Mogge), Francis, 195,
446, 514.
Mullekm, James, 34, 69, 84, 98,
150, 156; V, Coursey, 34, 69,
98, 151, 156; V. Harris, 84.
Murder, 385, 4J0, 467.
Murfee, Morris, 554, 588, 591;
V. Troope. 554, 588, 591.
Murrell, Gregory, 182, 365, 439;
Jeremiah, 354; v, Overzee,
365.
Muskrat skins, 535, 536.
Myles, Arthur, 63.
Nadey, Thomas. 67.
Nanfan, Edmund, 223, 224, 267,
281. 282, 347; Simphorosia,
513.
Nanfemick Creek. 539.
Nanjemoy (Nanjemy, Nan-
gemy), 50-52, 84, 153-155, 198.
230, 231, 297.
Napkin, Anne, 337*
Naughnongis (Indian), 87, 191.
Neale (Neill), Ann, 238; Doro-
thy, 238; Henry, 527; Hugh.
447-450, 481, 511 ; James, 173.
178, 185, 197, 237-239, 481,
508, 509, 525, 526, 530-532,
535. 550, 564, 575-578, 597; V.
Atchcson, 535; v. Cole, 509;
V. Lindsey, 487; v. Thomp-
kinson, 52(5, 527, 530.
Nedham, Henry, 311. 312.
Negroes, 186-188, 190, 204-206,
234-236, 262, 269. 434, 499.
580, 587.
Negroes* Nest Neck, 487.
Nelson, Bridget, 456, 457.
Nevett, Richard, 10, 125, 261,
340.
Nevett's Creek, 557, S63.
Nevill (Newell), Anne, 268,
296. 467, 471, 475, 478-480;
John, 129, 139, 165, 201, 228,
232, 382. 479, 480, 539, 567.
588; V, Pheypo, 232.
New England, 303. 354, 355,
395, 420, 423, 472, 525, 603.
Newman, (jeorge, 65; Hugh,
495.
Newport, R. I., 410, 411.
Newtowi
loi, u
V7. 2$
476. 4^
575, 58
Nicholls,
John, .
488, 45
V, Nutt
Nobs, Tt
Nonsuit,
155, IS
220, 24
3i
42
520, 5;
^599, 60(
Norman,
^^52, 53,
Norton, 1
14-18;
35,80,
480; V,
Norwood
^301, 32<
Notley, 1
Nugent, \
_I93, 22(
Nutt, —
Nuttall <
John, 5
Admini
♦Oakingti
Oath of
Court,
493; fie
ers, 29
321; (
Secreta
fused, 2
Obder. Jc
Officers 1
Penalty
O'Maly, ]
Ordinary
412, 44i
Orley, Tl
Orphans,
334-337
417, 44
^520,52;
Osberstoi
bistoa
Osborne,
331; «'.
Oulsnam,
Outlawry
Overzee,
clough,
Simon,
77\ 88',
140. u
186, i(
204, 2(
230-235
244,24
igitized by
Google
6i6
Index.
281, 282, 284, 285, 289, 300,
312, 323, 327, 334, 335, 365,
366, 389, 403-405, 410. 425,
440, 441. 461, 485* 491. 499»
500; Mrs., 209-211. 236, 327,
335; V. Abrahal, 158, 246; v.
Allen, 232; V. Cole, 260; v.
Cornwaleys, 244, 267 ; v. Cor-
nelius, 38, 68; V. Eltonhead,
48, 7h 174, 252, 2J53; V. Fos-
ter, 38 ; V, Land, 38 ; v, Lewis,
230: V. Lindscy, 201, 253, 300 ;
V, Peake, 30; v, Thomas, 68;
V, Watson, 39; v. Williams,
323, 334.
Owens. Richard, 259, 270-275.
Oyster Creek, 94.
Packer, Edward, 64, 93-?5» 125,
131. ^33* i49» 185, 189. 215,
223, 224, 303, 3", 412; Eliza-
beth, 509, 538; V. Husbands,
311.
Page, John, 548, 549-
Pagett, Thomas, 480.
Pakes (Pake, Peake), George,
2, 136, 150, 182, 200, 304, 334.
335. 419; Walter, 30, 31. 72,
75, 76f 82, 122, 125, 132, 167.
228, 266. 285, 349. 382, 388,
394, 396, 417, 419, 421, 437.
441, 447, 451-454, 490. 503,
513, 519, 528, 563, 569, 580,
590, 591; V. Clark, 388; v,
Hammond. 388, 394, 452, 453 ;
V, Hughes, 382, 4AI ; v. Simp-
son. 31 ; V. Veitch, 396, 421 ;
V. Waring, 396.
Palldin (Pauldui), Jane, 14-18,
382, 432.
Palmer, Samuel, 182; William,
150. 385, 448, 451, 453. 471,
^522,553.554. ^
Pamunkey, 287, 288.
Pangayo Indians, 206.
Parker, Edward, 604; John,
237; Peter, 108; Samuel, 4,
39, 96, 141, 155, 163, 164; Wil-
liam,
517,
)6, 141, 155, 103, 104; WU-
I, 3J^* 361, 402, 403j. 5".
^ _ 518. 521, 522; V. Estate
of Lewis, 4, 96; V. Mitchell,
336.
Parks (Parkes), Edward, 3, 87,
94, 9S 138. 139. 204.^207, 292;
, 9; V. Batchelor, 9; v,
Jenkins, 3.
Pamell, Henry. 92-96, 154, 185,
204, 230; V. Cornelius. 185.
Parratt (Parrott), William, i,
9. 12, 22, 29, 30. 77, 135,, 268,
289, 296, 572, 598 ; V. Belcher's
Estate, 572; V. Brasse, 268,
296; V. Tully. 29.
Parrc, John. 136, 334, 335 ; Rob-
ert. 135, 136, 334. 335- ^
Pascatoway. Emperor of,' 115;
River, 287.
Pass from Provmcc, 158.
Passengers on Sloop, Accom-
modations for, 240.
Patapsco River, 592.
Patnckson (Patterson), Rob-
ert, 35, 324, 329, 345, 4I5, 416.
Patuxent, i, 28-30, 36. 57, 6ii 72,
75, 76, 81, 82, 84. 85, 99, 100.
123, 136, 137, 144. 148, 168,
196, 199, 220, 232, 241, 268,
269, 303, 305, 3", 325, 328,
329, 345, 348, 358, 375, 380,
390, 393, 394, 400-402, 406,
408, 413, 415, 417, 433, 472.
484, 486, 512, 519. 528, 529.
Pauper, 295, 332, 500.
Payne, Thomas, 262, 267, 287.
Payton (Peyton), Henry, 79,
^, 152, 349 ; Robert, 437. 520 ;
Valentine, 64, 487, 595; v.
Reynolds, 595; v. Robinson,
487.
Pearce, James, 369; Margaret,
293.
Pearson, Thomas, 360, 361.
Peck, Charles, 400-402.
Peere. Henry, 447, 448, 4S0, 496.
Pendleton, Thomas, 44, 65; v.
Waring, 44. 65.
Penney, Henry, sec Thick-
penny.
Pennington, Henry, 445, 507,
515 ; Rachel, 445 ; v. Greene,
445*
Peon, James, 539; v. Evans,
539.
Perkisse, Robert, 138.
Persimmon Pond, 94.
Pettus, Thomas, 499.
Phelps, Cuthbert, 61, 182.
Pheypo, Marks, 94, 122, 128,
129, 132, 134, 179, 198, 218,
221, 239, 251, 253, 267, 325.
344, 356, 405, 440, 446, 478,
^' V^* 523, 524, 527. 571.
5765^587, 588; V. Brooks, 198;
V. Greene, 527 ; v. Land, 325 ;
V. Smoote, 128, 179, 512, 571,
587.58a
Phillips, Bartholomew, 52, 53.
81. 226. 452; Thomas, 10. 81,
loi, 148, 208, 340; William,
77 ; V. Mitchell, 81.
Phillpott, Edmond, 18, 21, 22,
186. 191, 193; Thomas, 397;
V. Bannister, 397.
Pickard (Piccfair), Nicholas,
112, 419, 525.
Pierce, John, 424 ; William, 477,
478.
Pikaiowaxen, 39, 294, 364, 578,
580.
Pille (Pile, Piles), Anne, 264;
John, 260, 263, 264. 267, 280,
290, 340-343, 394, 422, 556-
566; Joseph, 264; Mary, 264;
Sara, 264; Mrs. , 340,
341, 565 ; V, Hall, 290.
Pindlcy, William, 464.
Pinson, Edmund, 571, 579, 580.
Piny Point, 13a
Piper, John, 26, 27, 292.
Piracy, 306.
Pitcher, Thomas, 91.
Plott, Thomas, 34-
Plum Point, 334.
Pollard, Tohn, 553. 57i, 597-
Poole, Thomas, 326.
Pope (Poop), Anne, 480; Fran-
cis, 497, 567; Henry, 70; Na-
thamd, 237, 238, 265, 453. 454.
481, 482, 508, 533.
♦Poplar Hill, 297, 359, 498.
♦Pork Hall, 265, 533, 544-
Port Duties, 346.
Port Tobacco (Portoback), 58,
59, 82, 169, 170, 182, 186, 207,
212, 230, 234, 235, 254, 261,
368, 449, 499, 500, 580; Creek,
51, 54, 205; Queen of, 471.
Portugal, 306.
Posey, Francis, 46, 100.
Potomac River, 87, 93, 223, 236,
287, 288, 365. 386, 390, 400,
462, 512, 580.
Pott (Potts), John, 6, 24, 49,
56, 77, 80, 159. 161. 184, 369;
Thomas, 344.
Potter, Adnge, 527; Elizabeth,
157. 181, 356, 357, 394; Henry,
93, 94, 122, 123, 128, 159. 181,
196, 257. 250, 324, 325. 394,
442. 485, 488, 527; WilUam,
449, 511 ; V. Thomas, 257, 259.
Pouett, Thomas, 382, 457.
Powell, John, 387; Thomas,
382, 457.
Prator, Jonathan, 184, 202, 389;
V, Kennedy, 184. 202.
Prescott, Edward, 297, 312, 327-
329, 344, 355, 356. 363, 397,
411.
Preston, Richard, i, 3, 9, 12-15,
22, 30, 37, 62, 66, 80, 106, 180,
203, 240, 205. 300. 326, 329.
415, 410, 508; V. Qawson, 13,
14.
Price, Anne, 520; Jenldn, 216,
217; John, 2, 12, 51, 64, ^,
116, 141, 157, 160, 177, i§g»
309, 311, 344, 346, 360. 368,
396. 398, 403, 405, 406, 440.
463, 469, 481, 507, 509. 520,
. 537, 574, 583; Wflliam.
j; V, Black, 398; v. Muse,
406; and Huse v. Estate of
Dandy, 12.
Prince, John, 94,
Pritchard (Pritchctt), John,
13, 226 ; Thomas, 64, 204, 460,
499; William, 226.
Proctor, Nathaniel. 475-
Prott, Job, 127.
Providence, Anne Arundel
(Toimty, I.
Providence of Bristol, Ship,
412.
Provincial Court, Attendance
fees, ^32; Session postponed,
I27» 183, 310, 493, 506; Sun^
moned, 201, 259, 311, 442, 48&r
529, 567. 595.
Pryme, Robert, 359.
Index.
617
Pryor, Thomas, 201, 254, 393,
442 ; V, Glover, 393.
Public Accounts, 470.
Quakers, 104, 112, 114, 268, 286,
287, 291, 313, 322, 33h 333f
334. 339, 419, 420.
Quitrent, 201.
Rachcliffe (Ratcliffc), Eng-
land. 92» 214, 358, 400, 401.
Rappahannock, 7.
Rawlins, Anthony, 142, 199,
220; Nicholas, 445, 451, 49i*
Rawlinson, Charles, 262.
Rawser, Anne, 370.
Raynor, Henry, 237f 238.
Read (Reede, Reade), Alice,
597; George, 78, 103. 184, 204,
207, 219, 270, 325, 326, 348.
415, 453. 448, 451, 597; John.
25, 77, 148, 152, 278, 289, 348,
364. 421, 453. 539; Thomas,
5. 370; V. Evans, 184; v,
Mitchell, 77 f 152; v. Read,
348.
Real Estate, Title to, 51. 73, 76.
84, 93-95. 105, 143. 166. i^.
181, 224, 234, 237, 242, 248,
249, 254, 25s, 261, 26s, 275.
285. 295-298. 315. 317-321, 325,
320. 344, 347, 348, 353, 354.
368, 372, 373, 393, 394, 398,
415, 422, 438, 439. 444. 446,
452. 453, 455. 459. 486, 488,
489, 496, 507, 509, 510, 514,
516, 529, 531. 534. 539. 540,
542-550, 557-566, 568, 571, 572,
583, 584. 595, 597, 600, 602.
Rebellion, 567; Fendairs, 414.
427-429, 447-450. 470. ^^, ^
Records during Fendalls Re-
bellion to be erased, 379.
Redfeame, Margaret, 478-480.
Relief, Ship, 29.
Religious toleration, 376, 567.
♦Resurrection Manor, 296, 325,
432.
Revell. Randall (Randolph),
73, 84, 297. 298, 593. 594, 596.
Reynolds (Raynolds), George,
8, 298, 451. 532, 534, 569. 576,
583, 595; John, 250, 530.
Rhode River, 225.
Rice, Richard, 366.
Richard Bonaventure, Ship, 306.
Richardson, Elizabeth, 328;
Richard, 240, 241; William,
385.
Rigby, James, 418.
Riggs, Francis, 574;
Ringe (Renge), Thomas, 64,
126.
Ringgold, Thomas, 106, no,
III. 243, 2f^ 313. 319-321,
419; V. Wickes, 313, 319-322.
Rives (Ryves), John, 472.
Roanoke, 52. 115, 138, I99. 583.
Robbery, 199.
Roberts (Robinson), Fobby,
406, 446. 485, 488. 512, 525.
526; Margaret, 68; Stanop,
292, 522 ; V. Greene, 406, 446 ;
V, Hambleton, 68.
Robins, Elizabeth, 20, 50, 51,
79, 8i 85, 134; Robert, 20, 51,
79,, 83, 85, 102, 292, 579; v.
Robms, 79, 83, 85.
Robinson (see also Roberts),
Henry, 150; James, 457;
Jane, 20; Josiah, 354;
Thomas, 184, 534; William,
97. 115, 134, 138, 139, 165, 487,
494.
Rock, Joseph, 354-356, 364; v.
Battin, 354-350, 364.
Rogers, Hannah, 429, 430; The-
ophilus, 2^1.
Roman Catholic Religion, ^3,
144-146, 172, 173, 244. 531, 566,
Rozier, 50, 390.
Runaway^i.
Russell, Christopher, 100, 202,
293, 509, 5", 526, 596, 600;
John, 113, 272; Richard. 409,
vf«M*, *»j, */*, xxiv^MU u, <|vy,
12, 515; William, 438; v.
lall, 100 ; V. Mastrick, 409.
Rutten, Garrett, 460; v, Utye,
460.
Rye, Oliver, 365.
Sadleir (Sadler). Giles, 36, 75,
77f 183, 226, 330, 380, 383, 385.
421, 437. 551, 556, 557, 570.
586, 596, 600, 001; V, Bate-
man, 380, 383; V, Smith, 336.
St. Andrew's, 208, 223.
St. Qement's, 21, 5^, $2, 90, 121,
143. 158, 160, iQS, iSi8, 189,
197. 226, 234, 265, 344, 389,
427. 428, 430, 432, 464, 467.
472, 480, 530. 542-545, 547.
548; Bay, 188. 423, 432, 531.
„ 539. 557.
St. Cuthbert's Neck. 262, 263.
St Ellen's Creek, 4i89.
St Gabriel's Manor. 94.
St (korge's Hundred, 119. 120.
150, 244, 323. 528; River, 147,
223, 224, 227. 236. 240, 306,
307, 533, 537, 603; Ship, 307,
308, 310. 371, 508.
St Hieromes (Jerome's), 202,
209. 254. 285, S14, 523, 524.
St Inigoes Creek, 217, 278, 279,
404; Hundred, 62, 323, 523.
St John's, 205. 207. 208, 221,
222. 285. 289, 533; Creek, 265.
St Katharine's Island, 544.
St Lawrence, 126.
St Leonard's, 38, 51, 52, 57, 61,
65. 71. 83, 114, 119, 123. 126,
138. 150, 182. 200, 229, 232,
268. 285, 432.
St Margaret s Island. 463.
St. Mary's Bay. 533; County,
38-40. 42. 44-46. 48, 50-52. 57,
61. 62, 81. 86, 88, 93, 95, 96,
99-104. 114, 120, 121, 122, 126-
129, 131, 132, 134, 137, 148,
150, 152, 155, 182, 188. 193,
194. 196. 198-205, 207-209, 212,
221-223, 234, 240, 255. 259,
261. 265, 266-268, 270, 289,
290, 296, 301, 303. 309, 3",
324, 325. 340, 342-344, 352,
357, 368, 370, 371, 382-384,
388, 389, 392, 394. 395-400,
403-406, 409, 410, 412. 414,
419, 430, 437, 461, 463, 465-
467, 472, 476, 486-491, 499,
507-509, 512, 513, 522, 523,
528-534. 536, 538. 552-554. 556,
557, 563, 566-571, 575, 588,
595-598.
St Mary's City, 41, 47, 48, 59,
84, 102, 116, 153, 154, 176, 201,
202, 214, 219, 226-228, 230,
233, 239, 240, 244, 264, 277-
279. 309, 3". 358, 380, 395,
399. 404, 413, 422, 427, 428,
442, 453, 454. 456, 554, 663;
Hundred, 62, 99, 323; River,
412, 504.
St Michael's Hundred, 62, 93,
122, 123, 323.
St Nicholas' Creek, 382, 415,
Strrhomas, 157, 265.
St William's (!reek, 531.
St. Winifred, 423, 430, 432, 472,
s^U-
Salisbury, William, 359, 361,
401-403.
♦Salisbury, 264.
Sal la way (see (jalloway).
Sallowes, Robert, 224.
Salmon (Saloman), Nicholas,
^307, 310; Peter, 451.
Salsteme, James, 478.
Salter, John, 105-108, 168, 257,
283, 298-300, 313, 319, 322;
V. South, 105, 168, 257, 283,
298-300. 322.
Sample. William, 385.
Sampson, Thomas, 458.
Sanford (Sandford), William,
o 70' I54,„i55, 332, 537.
Sankeh, William, 385.
♦Sarum, 563.
Sassafras River, 438, 457, 458.
Savaee, John. 593, 594.
Sayer, Francis, 443.
Scapes, James, 381, 520, 570,
580, 586, 600; V, Bateman,
381.
Sotrbrough. Edmond, 3, 199,
258, 269. 279.
School, 100. 113.
Scire Facias, 9(5, 99, 185, 195,
199, 241, 266, 279, 291, 294.
369, 398, 406, 410, 414. 401,
482, 483, 572.
Scotcher, Jonn, 320; Rose, 320.
Scotchmen, 276.
Scott, Edmond, 83-85, 200;
Roger, 6, 137; Samuel, 311.
Digitized by
Google
6i8
Index.
Seamor (Seamer, Seymour,
Semar),Lettice,434; Thomas,
10. II, 24, 32, 37» 72, 78, 103,
128, 137, 152, 167, i79» 220.
247; V. Cotirsey, 11 ; v. Elton-
head, 32, 78, 167; V. Gary,
103. 137, 179.
Searchwell, Thomas, 596, 000.
Sedition, 133, 144,308, 507, 526.
Sclye (Seely), Thomas, 133,
160; William, 523, 524; v,
Adams, 133.
Senserfe (Senswerfe), Walter,
8, 56, 79, 336, 570. 580; V.
Bilhngsley, 8; v. Jolly, 79-
Servant, 2, 5-9, "» i4, 18, 10,
21-23, 26^28, 32, 35. 67. 68,
70, 72. 77, 82, 84, 86, 103. 115,
135, 145, 152, 154, 157, 180,
181. 186, 190, 227, 230-213,
237, 246, 249. 250, 259. 262-
264. 270, 302, 316, 332, 338,
358, 361. 303.
39, 348, 3i
371.
.388, 417, 418,
422, 432, 434, 435,,439, 440.
452, 456, 468-471, 476-478, 481,
482, 485, 494, 496, 497, 499.
506, 514, 515, 521, 540, 554,
569, 582, 588, 593, 599. 601,
602, 604.
Severn, 5, 19. 66, 113, 162, 177,
180, 232, 233, 235, 283, 320,
406, 408, 521.
Sewell (Sewall), Anne, 511:
Henry, 493, 496, SCjQ, 5i3, Sio,
533, 541. 571. 598; John. 4, 12,
i^; Prudence. 509-511; v.
Nan fan, 513.
Shacklady, James, 337.
Shanks, Tohn, 192. 195.
Sharpc, Mary, «;97; Peter, 5-7.
22. 26, 139. 161-164, 185, 258,
316, 326, 573. 574, 597,
Sheale (Shell, Shecls, Shele.
Shale), Bridget, 341, 490,
563; Robert, 42, 47. 64, 7h
loi. 298, 341, 452, 490. 563.
Shears (Sheeres), Abraham,
424, 442.
Shedman, Jeremiah. 444, 445.
Shelton, Thomas, 497.
Sheppey. Richard, 39, I95, 198,
241. 242, 40a
Sheriff of Anne Arundel
County, Powers, 300; Ap-
pointment of. 86 ; Assault on.
602. 603 ; Fees, 285, 286, 201,
322, 336, 348, 368, 371, 383,
398, 413, 423, 526. 551 : Oath
of. 87; Refusal to aid, 315,
316; V. Ticknor, 119.
Shareman (Shearman, Chayr-
man, Chareman), Edward.
40. 50. 71, 83-85, 95, 153-155,
593, 594; V. Boreman, 50, 71.
84. 153-155.
Sherriden. Thomas, 20, 21, 44;
V. Blinkhome, 44.
Sherwood, Hugh, 604.
Shirtdiffe (Shirldfe, Shurt-
liff). John, 43, 44, 04, 85, 86.
125, 194, 202, 298, 344, 447,
491, 590.
Short, Tabitha, 112.
Sidney, Col. John, 235, 236.
Silver. Tankard, 80.
Simkin. Robert, 365.
Simme. Marmaduke, 530.
Simpson (Sympson). Alexan-
der, 500; Paul. 13, 22, 30, 31.
82. 102. 115, 157, 158;
Thomas. 471, 530, 5^6, 569;
V, Batchelor. 530. 556.
Sindere (Sinkler, Sinklow),
John, 332. 385. 541 ; William,
37, 179.
Slade, William. 320.
Slander, see Defamation. 132,
183, 200.
Slaves, see Negroes and In-
dians. 255.
Sledd. Joshua, 2, 23; v. Peake,
2.
Sleigh. James, 401. 403.
Slingsby, John, 28.
Slye. Robert. 85. 86. 88. 89. 94.
95. 100, 115. 158. 159. 172-174.
232. 324. 352. 355, 356. 389,
391, 427. 428. 454. 461, 551.
565. 509, 571, 578-580. 587,
596, 597, 600. 601. 603; V.
Battin. 569, 579. 580; V. Fen-
dall, 597, 601; V. Jolly, 232;
V. Macklyn, 4i5i.
Smith, Ann. 20; Edmund, 56;
Elizabeth, 303; Emperor, 33.
4p, 68, 123, 134, 165. 268, 549;
Goodman, 181 ; John, 82, 184 ;
Matthew, 45, 103, 303, 385.
389. 477; Maurice. 9, 95, "7,
118, 120; Richard, i. 19. 23,
32-34. 36^ 39. 49. 62. 80. ife,
183. 224, 251. 283, 285. 287.
292, 293, 301. 305, 336, 3^},
369. 370. 385-388, 417, 418,
421, 422, 49^, 503, 514, 566,
568, 570. 580. 600; Robert,
129. 592; Rose, 120, 157. 161.
i8r; Samuel. 578-580, 586,
587, 596, 597. 600, 601;
Thomas, 597; Walter, 185,.
249, 314 ; William, 209 ; v, At-
chison, 349; V. Battin, 369.
370, 385-388; V. Brooks, 34;
V, Cockerel, i, 32 ; v, Doring-
ton. 285; V. Eltonhead, 33;
V. Haddaway. 568. 592; v.
Hopkins. 49; v. Obder, 49;
V. Pott, 49, 80; V. Smith, 49;
V. Standley. 33; v. Sudward,
314; V. Veitcn, 49.
♦Smith's Joy, 285.
Smithson. John, 154.
Smithstown. 460. 403.
Smoot, Richard. 343; William,
128. 179. 344, 362. 447, 448.
450, 512, 571. 587, 588.
Snow, Abel, 265, 373* 531-534.
540, 542-550, 567, 571, 572.
_JI. S32. J
548-550. 572. 595; Marma-
duke, 506, 507. 525, 527. sy>-
534. 542-550,^ 567, 571, 572,
595, 596; Walter, 549, 57i.
572; V, Gerard, 506, 507, 525,
527, 530-534, 542-550. 567.
571. 572, 595, 596.
♦Snow Hill Manor, 166, 248,
265, 372, 373, 522, 523, 528,
^ 534, 547, 548.
Snowks, Thomas, 313.
South, Thomas, 105, 106, log^
III, 168, 243, 244, 257. 283.
298-300, 313, 318, 319. 322,
472.
Southerly, William, 522.
Southern, Thomas, 435, 436»
501, 502, 504; V. Bradnox,
435.
Sparks, , 9 ; William, 573.
Speake, Thomas. 8. 477, 478,
^ 5", 595; V. Reynolds, 8, 595-
Speedwell, Barque, 442.
Spwiccr, Nicholas, 355, 356^ 359^
361.
♦Spesutia, 456, 460, 529.
Spinke. Henry, 344, 400, 4^
551.
Sprigge, Thomas, 55, 89, 196^
198, 200. 219-221, 486, 596.
Stack, Robert, 522, 523, 594.
Stagwdl (Stagewell, Stegall),
Thomas, 5, ".34, 135, 130;
V, Morgin, 34; v. Thompson,
34; V. True, II.
Standish, John, 156, 157.
Standley (Stanley), Hugh, 31,
33f 155, 159, 174, 182, 184.
200, 204, 207, 219, 220, 228,
233, 268, 296, 301, 302, 330,
354, 358, 416, 419. 479-481,
486, 551. 556, 569. 570, 585.
586. 595, 596, 599, 600, 601 ;
V, Benticy. 596. 600, 601; v.
Burdett. 570, 585, 586. 599;
V. Pott, 159, 184; V. Scapcs's
Estate, 586; V. Senserfe, 570;
V, Sheriff of St Mary's, 595;
V. Smith. 600; V. Tilghman,
358; V. Trueman. 599.
Stanford. Richard, 292.
Starchy (Starkey). Lawrence,
54, 125, 197. 217-219, 277, 278,
582,583.
Stavday. Adam. 7, 6/^ 139, 161-
164; Hugh, 127; V. Sharpe,
Steefpone Creek. 460.
Steeres, Thomas, 507, 512, 519;
V, Coleman. 512.
Stenwick, Cornelias, 579, 580,
587.
Stephens (Stevens^, John, 103,
132, 164, 360, 301, 423. 512;
Richard, 429, 430-
Stephenson (Stephens, Stev-
ens), Elizabeth, 305; Wil-
liam, 50, 64, 70, 98, 123, laS,
151, 179, 283. 284, 483.
Digitized by
Google
Index.
619
Stewart, John, 318.
Stockett, Francis, 456, 457;
Henry, 457, 530; Thomas,
^457.
Stockley, Woodman, 5, 6, 9, 12,
62, 6s, 77,
Stogdale (Stockdalle, Stock-
dell), Frances, 445. 45©. 45i;
William, 56, 129, 307, 309.
Stone, Matthew, 125, 127, 151,
160, 190, 191, 227, 310, 324,
331, 395, 604; Richard, 185,
507; Thomas, 22, 31, 33, 185,
388, 398, 42s. 426, 430, 432,
434, 435» 437, 438, 453, 497,
S07, 579, 596. 597, 603; Ver-
linda, 389, 453; William, i, 4,
22, 33.^ 39. 50-52. 66, 81, 99,
106-108, no, 120, 126, 132-
134, 137, 139, 142, 149, 157,
160, 165, 176, 177. 179, 187,
188, 195. 196. 198, 199. 204,
217, 210, 228, 234, 239-241,
247, 248, 251, 253. 256, 258,
260, 277, 278, 283, 287, 308,
309, 312, 324, 326, 331, 332.
339, 389, 393. 394, 395. 425,
426, 437, 438, 452-454, 488,
596, 603; V, Barbarah, 22; v.
Boreman, 51, 198, 247; v.
Bishop, 126, 137; V, Calvert,
507, 603 ; V, Cornelius, 33 : v.
Qaxston, 39, 257; v. Har-
wood, 39, 81, 09; V. Kirke,
39; V. Estate of Lewis, 4; v,
Mitchell, 134, 165 ; v, Phillips,
fz, 81; V. Renge, 126; v.
tevenson, 126, 179; v.
Shanks, 195; v. Weston, 239.
Story, Ralph, 427.
Stratton, John, 241 ; Lucie, 291-
294; V. Turner, 291-294.
Streeter, Edward, 126, 142; v.
Brooks, 126, 142.
Stringer, John, 123, 125.
Strong, Leonard, 300.
Stuart, Charles, 112.
Styles, Robert, 543; William,
47, 193, 198, 298, 340, 399,
417, 422 ; V. Pile, 422.
Sudborough, Richard, 301.
Sudward, James, 314, 318.
Sullock, Richard, 344-
Supersedeas, 520.
Survey of land, see Real Estate,
142.
Susannah, Barque, 390, 600.
Sutton, John, 23. 541 ; Thomas,
549, 550. 572; Valerius, 543-
Swallow, Barque, 403-
Swan, Edward, 27; Thomas,
332.
Swanley, Capt, 217.
Swearing, Profane, 35.
Swett, Joseph, 525, 526.
Symonds, George, 202 ; Richard,
545 ; Thomas, 196.
Talbot County, 597-
Tarling, Richard, 9, 27.
Taxes, 174.
Taylor, George, 194, 448, 451,
453, 454. 469, 471, 588; John,
35, 138, 139, 166^ 457. 576;
Robert, 5. 25, 26, 72, 75, V^
78, 89, 103, ISO, 194, 199, 200,
241, 279, 396, 421, 520; Sarah,,
482, 500-506, 525, 532, 550,
S5i; Thomas, 89, 314, 345,
447, 490; V. Armitage, 314;
V. Courtney, 532, 550, S5i ; v.
Jordan, 194 ; v, Veitch, 200.
Tenicke, John, 57-
Tenahill (Tennehill), William,
423.
Tennison, Michael, 116.
Teresa, Margaret, 264.
Testamentary Law, see Admin-
istration of Estates, 51-55.
Tethershall (Tattershall), Wil-
liam. 394, 423, 447, 451, 452,
515. 560, 562, 503; V, Pile,
394, 423.
Theft, 186, 208, 221, 255, 382,
432-434. 541, 552.
Theftboate, 245, 289.
Thickoenny, Henry, 55. 65, 75,
81, 83, 98, 177, 198, 219, 230,
260, 384, 436; V, ComwalQrs,
384 ; V. Johnson, 98, 177, 200 ;
V. Sprigge, 198, 230; v.
White, 198.
Thimbleby, John, 237, 238;
Robert, 227, 247.
♦Thirmby Grange, 491.
Thomas, Anne, 350, 352 ; David,
68, 69, 351, 352; Philip, 313,
318, 372, 374, 419; Rqbert, 61,
99, 159, 192, 451, 452;
Thomas, 3. 9, 12, 30, 64, 66,
83, 203, 285. 452, 472; Wil-
liam, 30-50, 122, 158, 181, 257,
259, ^7\ V. Cole, 350; V, Pot-
ter, 122, 158.
T h o m p k i n TT^ompkinson ) ,
John (alias Qieshire), 39, 69,
259, 507, 526, 527, 530, 534.
Thgmpson (Tompson), Anne,
493, 494; George. 50, 131, 136.
168, i79, 181, 182, 259, 291,
486, 492. 493, 495, 496, 498,
506, 539. 540. 569. 576, 584;
James, 34, 4i7, 486, 487, 493,
531; Robert, 341; William,
loi, 128, 394, 559, 561, 563,
565 ; V. Gardmer, 487, 493 ; v.
Gerrard, 495, 506, 507, 539,
540.
Thorowgood, Capt., 355.
Thurston, Thomas, 104, 114,
268, 286, 287, 319. 322, 331,
333. 334. 339, 5o8.
Thwing, John, 526.
Tickner (Ticknor), Stephen,
57. 119; Thomas, 62, 63, 304,
358-301; V. Jones, 57; V,
Price, 360, 2fi\ ; v. Wade, 358,
359.
Tilghman, Samuel, 92-95, 133,
194, 195, 199, 204, 213-217,
254, 259, 2r76, 301, 303, 312.
358, 367, 379, 380, 400-403,
417, 434, 435, 512, 513, 516;
V, Bateman, 379, 417; v. Ed-
win, 195, 215 ; V, Kedger, 194,
213 ; V. Thompkinson, 259.
Tilney, Anne, 347. 437» 487, 490,
491, 494. 509, 515, S19, 532,
537, 587; V, Atcheson, 532,
537.
Titmarsh, John, 432, 480.
Tobacco crop, 35, 80, 84, 93,
140, 153-155, 165-167, 284,
285, 290, 554; growing, 280;
shipment of, 147; trade, 29,
152, 409-412, 423, 426, 439.
440, 512, 520.
Todd (Tod), David, 184;
Thomas. 89.
Tolson (Toulson), Thomas,
599, 425-427, 434, 435; Wil-
liam, 511, 516, 517, 521; V.
Stone, 399, 425-427. 434. 435-
Tomkings, Giles, ^43-
Tongue, Friendship, 12.
Toung, John, 183.
Towning, Edward, ^19.
Trespass, 183, 381, 388^ 389. 397,
400, 507, 584.
Tnnity Creek, 199.
Troope, Robert, 50, 59, 552, 588,
591.
Troster, John, 327.
True (Trew), Richard, 11, 95,
119, 128, 133, 134, 138, 168,
169, 392. 399, 571, 587. 588;
V, Adams, 169; v. Robinson,
134, 138.
Trueman, Thomas, 9, 50, 70,
89, 98, 219, 260, 266, 277, 280,
416, 419, 481, 494, 585. 598-
600; V. Burdett, 416, 585; v.
Stevenson (Stephenson), 9^
SO. 70, 98, 151.
Tucker, John, 323.
Tully. John, 29.
Tunnis, John, 31, 48, 73, 267.
Turner, Arthur, 291-294, 362;
Edward, 99, IS9, 267, 465,
475; Emma, 564, 565; Rob-
ert, 550, 572; Thomas, 17, 18,
22, 29, 30, 37, 91. 155, 327,
384, 422, 423, 430, 432, 452,
465, 472, 473, 476, 487. 490,
506, 525, 552, 554, 564. 565.
568, 570, 575, 600; William,
5, 12, 25, 385, 486; V. Evans,
570, 600; V. Grammar, 385;
V. Sewell, 12.
Turney, Richard, 374, 438, 439,
458.
Twistleton, John, 403.
Tybalds (Theobalds), Qcm-
ent, 204-207.
Unjust molestation, 81.
Digitized by VnOOQ IC
620
Index.
Utyc George, 196, 320, 457;
Mary, 460; Nathaniel, 66, 74,
79. 105, 138, 157, 160, 165,
168, 179, i8s, 196, 257. 258.
269, 270, 275, 289, 299, 314,
31S, 319, 326, 332, 339» 344,
346, 350, 368, 369, 371-374,
409. 420, 421, 427, 428, 458,
460, 496, 507, 529, 530; V'
Abrahatnson, 179; v. Bret-
ton, 421; V, Mansfield, 369;
V. Sharpe, 185. 258, 275, 326;
V. Thomas, 374; v. Tumey,
374.
Vampken, Samuel, 391.
Van der Dowick, Mary, 578.
Van Hack, John, 221, 261, 446,
447, 463, 471, 602.
Vaughan, Robert, 105, 113. 257,
299. 331. 339, 395, 522, 525,
526, 567. ,
Veitch (Vech), James, 11, 31,
49, 56. 72, 73, 76, 81. 83. 84,
97. 98, 134. 155, 160. 174,
184, 199. 200, 231, 242-244,
266^ 268, 279, 28s, 296, 301,
303, 364, 372, 396, 421, 472.
487. 493, 503, 520, 541, 551 ;
V. Day, 266, 28s ; v. Standley,
31.
Venereal Disease, 271.
Virginia, 91, 115, 166, 167, 169,
187, 214, 232, 233, 235, 240,
241, 254, 255, 261, 276, 281,
326-328, 332, 340. 343. 354,
369, 386, 387. 406, 410, 4".
424, 437, 442, 444, 458, 460,
461. 472, 473, 482, 499, 508,
590, 592, 601, 602.
Vogelaer, Jan de, 237.
Wade, John, 54, 62, 71. 97, 237,
238, 284, 347. 359; Zachary
(Zacharias), 62-64, 97, 140,
282-284, 305, 346. 357, 358,
467, 471, 402, 496-498, 503;
V, Haggett, 482; V, Wood-
roffe, 71.
Wadlow, Mr. , 436.
Waghop (Wayhope), Archi-
bald, 130, 138, 496; Elizabeth,
130; John, 130, 363, 364, 447.
471, 491, 500, 522, 588.
Walker, James, 87, 131, 176,
400. 437. 447. 448; V. Head,
400.
Walten, William, 452.
Walters, Jonas, 3fe.
Waltham, John, 267.
Walton, Francis. 448, 451, 453;
John. 287, 288, 332. 344, 362;
Thomas. 252, 253, 598, 599.
Ward (Warden), Francis, 575;
John, 292, 293, 374, 405 ; Mar-
garet, 529; Richard, 412;
Thomas. 112, 271-274, 37i.
389, 398, 409. 418. 420. 455.
499, 521, 524: Mrs., see
Lovely; v. Clocker, 409.
Ware, Agnes, 121, 126, 137;
Richard, 53, 121, 126, 136,
137-
Waring (Warren), Sara, 139,
164; Sampson, 3, 10, 34, 44,
65. 72, 77, 80, 82, 98, 100, 136,
139, 150, 152, 155. 158, 164,
182, 200, 225, 228, 244, 248,
265, 267, 268, 283, 286, 296,
301, 334, 335, 337. 338. 363-
365, 372, 384, 389. 394, 396,
427, 428, 490, 496, 520, 529.
574, 581, 582; Mitchell, 372;
V. Hamilton, 265; v, Tunms,
267; V, Waghop, 2fi3f 364;
V, William, 291, 300.
Warner, Andrew, 209, 210, 312 ;
Mary, 409, 490; v. Qodcer,
409.
Warren, Anna, 43; Huimphrey,
52.. 151, 200, 202, 226, 260,
277, 289, 400, 437. 532, 539,
604; Ignatius, 582, 583; John,
126, 298, 419. 447, 451, 452.
569, 582; Nicholas, 237; v.
Head, 400; v. Hill, 52, 151,
260; V. Mathews, 569, 582.
Washington, John, 327, 328,
340, 477, 478; Lawrence, 63.
64, 326.
Watch, 236, 435.
Waterlin, Walter, 123, 125, 310,
487. 523.
Watson, Andrew, 39, SO; Rich-
ard, 119, 140; Thomas, 500-
506.
Watts (Wates), Alexander, 7,
34, 98, 174, 324 328. 329. 597;
Joane, 330, 597; Peter, 475;
V. Dorrington, 34; v, Veitch,
98. 174.
Waynhames, sec Wenam.
Webb, Edmund, 295, 296;
John, 201, 258, 415; Thomas,
29; V, Larldn. 295, 296.
Weber, Capt. Thomas, 125, 147.
Welch, Anthony, 450, 451.
Wells, Edward, 29, 30; Eliza-
beth, 30 ; Richard, 89, 164, 289,
456, 457, 45?, 507.
Wenam, William, 264, 290, 559,
563.
Wentworth, Thomas, 497, 498.
West. Edward, 182, 515, 537.
♦Westf>ury Manor, 239, 488,
507.
Westley, John, 112.
Weston, Thomas, 239, 488.
Wetherell, Thomas, 503, 504.
Weynold, John, 185.
Wheatley, John, 98.
Wheeler, John, 264, 458, 478,
534, 539, 575.
Whinfell, John, 77.
Whjston, John, 381; v, Bently,
lite, Guy, 55, 68, 198, 415;
John. 501, 502, 504, 505, 525;
Nicholas, 195; Thomas. 26,
WlSt
27, 91. 92, 175. 176;
390.
Vhitr
Whitle, William, 85, 354, 553-
Whitljr, Capt., 434-
Whyting, Richard, 217.
Wickes (Weckes), Joseph, 89,
105, 113, 257, 259, 270-275,
283, 299, 313, 314, 319, 32a.
321, 350. 371, 414, 427, 428,
530; V, Owens, 259, 270-275;
V. Utyc, 371; V. Williams,
^14.
Wicomico (Wicocomico, Wic-
cocomako). River, 51, 79, 93,
165, 407, 449, 463. 474. 557,
565. S66; ♦West, 87.
Widow s right, 320, 514, 518.
Wilkinson, Thomas, 115; Wil-
liam, 13, 125, 150, 151, 196.
226, 228-230, 243. 244, 571,
597; V, Brooks, 196; V, Stone,
WiU, sec Administration of Es-
tates, 43, 116, 117, 121, 262;
Nuncupative, 178^ 180, 197.
Willan, Elizabeth, 304, 490,
491 ; Grace, 304; Richard, 56,
62, 88, loi, 116, 133, 164, 166,
174, 194, 204, 207, 209, 211-
213, 231, 244, 248, 264, 26s
283, 304, 305, 310, 362, 372,
373. 405, 418, 432, 462, 490.
491. 537, 538, 552, 556, 575.
588, 596, 002, 603; Robert,
374 ; V. Innis, 602 ; v. Kedger.
194.
Williams, Edward, 292, 366;
John, 150. 207-212, 221-223.
255. 284. 28s, 323, 334, 383,
514; Margaret, 386-388;
Mary, 207-213, 221-223, 255,
'''3, 426, 512; Thomas, 509;
'illiam, 313, 314; v. Over-
zee, 284, 285 ; V, Wickes, 313.
Williamson, Thomas, 189, 566.
Wills, Thomas, 50, 51.
Wilson, (korge, 132, 137, 398.
446, 447, 455, 499, 5i8, 521;
Peter, 529; Robert, 292,
Windmill, 126, 395, 438, 603.
Wiseman, R., 123.
Witchcraft, 327, 328.
Withers, Samuel, 89, 320, 419.
♦Wolleston Manor, 238.
Wood, Edward, 486, 493; v.
Harwood, 486. 493.
Woodbunr, Andrew, 596.
Woodroffe. William, 71, 283.
Woodward, Thomas, 468.
Woolchurch, Henry, 333.
Woolman, Richard, 89, 200,
225 ; V. Harwood, 200, 225.
Woosey, James, 450, 45i, 578.
Wordsworth, Richard, 48a
Worsopp, Edward, 359, 361.
♦Worton, 459, 460.
Wright, Arthur, 32, 77, 397;
Franas, 492; (ieorge. 150,
267. 515; Ishmael, 25, 56, 65.
248. 334; Mary, 20; Richard.
«1i
Index.
621
31^^ Z^t 438; Thomas, 380,
398, 405), 522, 523, 541, 596;
Mr., 567; V, Lee. 366, 367;
V. Turney, 438, 439-
Wyatt, Nicholas, 321.
Wye River, 486, 491.
Wjnnc (Wynne), Francis, 496;
Thomas. 123. 532, 535, 536;
V. Atcheson, 535, 536.
Yardlcy, Francis, 51, 82, 139,
140, 186, 234, 23«;, 254, 261;
Sarah, 51, 234, 236, 254.
Yarmouth, 36, 306.
Yeates, Peter, 3(69.
York River, 436.
Yorke, William, 185.
Young, Nicholas, 204, 241, 243,
246, 310, 344, 405, 417, 447,
454, 471. 509, 553, 571. 576,
586, 588; Richard. 315;
Sarah, 85; William, 5, 86.
132, 134, 167, 207, 553; f.
Slye, 571, 586, 587.
Yow (Yoe), Hugh, 380;
Stephen, 461; v, Anderson,
380.
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